NATIONAL SECURITY & DEFENCE

π 7-8 (136-137) CONTENT 2012 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN : POLITICAL SITUATION, PUBLIC SPIRITS AND EXPECTATIONS Founded and published by: (Аnalytical report by the Razumkov Centre) ...... 2 1. PARLIAMENTARISM IN UKRAINE: INSTITUTIONAL SUPPORT, STATE AND TRENDS ...... 3 2. UKRAINE’S 2012 PARLIAMENTARY ELECTIONS: UKRAINIAN CENTRE FOR ECONOMIC & POLITICAL STUDIES LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS ...... 19 NAMED AFTER OLEXANDER RAZUMKOV 3. SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS ...... 28 Director General Anatoliy Rachok Editor Valeriya Klymenko 4. PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN Layout and design Oleksandr Shaptala AND EXPECTATIONS FROM THE NEW PARLIAMENT ...... 55 Technical support Volodymyr Kekukh 5. CONCLUSIONS AND PROPOSALS ...... 76 EXPERTS ON PARLIAMENT AND PARLIAMENTARY ...... 80 This journal is registered with the State Committee of Ukraine for Information Policy, UKRAINIAN PARLIAMENTARISM: ISSUES AND POSSIBLE SOLUTIONS registration certificate KB №4122 (Interviews) ...... 86 Stepan HAVRYSH, , , Published in Ukrainian and English , Viktor MUSIAKA, Circulation: 3,800 copies UKRAINE ON THE EVE OF PARLIAMENTARY ELECTIONS: WILL THE EXPECTATIONS OF CITIZENS COME TRUE? Editorial address: (Roundtable Discussions) ...... 93 16 Lavrska str., 2nd floor, Eleanor VALENTINE, , Ksenia LIAPINA, Viktor CHUMAK , 01015 Vitaliy BALA, Yuriy HANUSHCHAK, Ihor ZHDANOV, Mykola KNIAZHYTSKYI, tel.: (380 44) 201-11-98 Viktor NEBOZHENKO, Oleksandr BARABASH, Olha AIVAZOVSKA, fax: (380 44) 201-11-99 Andriy ILLYENKO, Volodymyr FESENKO, Yevhen SUSLOV, e-mail: [email protected] Pavlo ROZENKO, Oleksiy KLIASHTORNYI, Mykola MELNYK web site: www.razumkov.org.ua ANNEX 1 ELECTION PROGRAMMES OF MAIN POLITICAL PARTIES, THEIR SLOGANS, PRIORITIES, APPROACHES TO PROBLEM SOLVING ...... 107 Reprinted or used materials must refer to “National Security & Defence” ANNEX 2 LEGAL AND REGULATORY FRAMEWORK SUPPORTING THE ACTIVITY OF MPs ..... 114 Photos: ukrajinciberlinu.files.wordpress.com – cover news.nikcity.com – р.37 ukrday.com – р.39 i.obozrevatel.ua – р.71, 89 pravo-kiev.com – р.88 l.bp.blogspot.com – р.92 The project is supported by the USAID Mission to Ukraine, , in accordance with the terms of the agreement No.AID 121-A-00-03-00008 (The Parliamentary Development Project II: Legislative Policy Development Project). The views and statements expressed by the authors of the publication are their own and do not necessarily reflect the position of USAID, PDP II, the Ohio State University. Online version of the publication is presented on the PDP II web site: http://www.pdp.org.ua. © Razumkov Centre, 2012 Publication of the journal is sponsored by the National Endowment for Democracy (US). PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE: POLITICAL SITUATION, PUBLIC SPIRITS AND EXPECTATIONS*

ormation of parliamentarism in Ukraine has been a long and complex process reflecting all the difficulties F of structuring the Ukrainian society, imperfect state and party building, and improper political and legal culture of national politics. Now, the country goes through an electoral campaign for the seventh Parliament. However, there are no grounds to speak of established principles and correspondence of the national parliamentarism to democratic standards, a stable legislative framework for parliamentary elections and constitutional status, powers and functions of parliament. Almost every election campaign has taken place under a new law, which changes not only the procedures but also the electoral system; the Parliament’s role and place in the national system of state governance also has been changing. The latest change occurred as the result of reinstatement of Ukraine’s Constitution in the wording of 1996 in 2010. The of the 6th convocation gave consent to that act, having initiated dangerous trends of gradual weakening of the constitutional status of the Ukrainian Parliament, narrowing its powers, and enhancing its accountability to the President. At the same time, there have been trends toward declining quality of legislative process, and deteriorating performance of its representative, statuary and supervisory functions by the Verkhovna Rada of Ukraine. All this has led to a critically low level of public support for the parliamentary activity, which, according to the polls, barely exceeded 4% last year. Such a situation may discredit in the eyes of the Ukrainian society the very concept of parliamentarism as a political institution and democratic principles of state governance as a whole. In such conditions, the importance of the ongoing parliamentary elections has been increasing. Their results will effectively determine the fate of the Ukrainian parliamentarism and key features of further foreign and domestic policy of the country. First, the election results will give an answer to the question whether or not the growing authoritarian trends and the curtailment of democracy and parliamentarism are finally halted, and whether or not the country returns to a course of progressive development and democratisation of state governance and the entire political system. Second, the elections may seriously influence Ukraine’s foreign policy. Should they be recognised undemocratic and the relevant sanctions imposed against the Ukrainian side, there arises a threat of suspending Ukraine’s European integration and curtailing contacts with the EU. An alternative to the isolation from the West could be integration with the East (accession to the Customs Union), which will make Ukraine a satellite state serving the interests of . The analysis of the ongoing election campaign reveals numerous violations of the electoral legislation, above all, on the part of the authorities and political forces loyal to the government. Misuse of administrative resources, direct and indirect vote buying, interference with election campaigning of opposition parties and candidates – all that have reached an unprecedented scale. The indifference of law-enforcement agencies neglecting the demands and complaints not only of the opposition but also of the Central Election Commission has been striking. It is, however, the people who determine the election results. Therefore, the main task of all the participants of the electoral process and the civil society is to ensure an utmost transparency, openness and fairness during voting and vote tabulation on the Election Day and by all legitimate means prevent any fraud of the citizens’ will. The report consists of five sections. The first discusses the specifics and trends of parliamentarism in Ukraine, analyzes institutional support and features section of the Verkhovna Rada of Ukraine of the 6th convocation, assesses its performance of representative, statuary and supervisory functions. The second discusses the electoral legislation, its advantages and disadvantages, the rights of all participants involved in section electoral process. The third examines the socio-economic situation in the country before the elections, assesses its impact on the social section wellbeing of voters, observes an overall compliance with fundamental civil rights directly pertaining to the electoral process – the right to freedom of speech, peaceful assembly and free expression. The fourth building on results of the public opinion poll, describes public attitude toward elections and public expectations section from the new Parliament. The fifth provides general conclusions arising from the presented research and proposals for improving the efficiency of section the new Verkhovna Rada of Ukraine.

* The Report builds on the results of polls conducted by the Razumkov Centre Sociological Service in different periods. During each poll, over 2,000 respondents aged above 18 years were polled in all regions of Ukraine. The margin of error is 2.3%. The regional distribution of answers is presented on the basis of the poll conducted by GfK Ukraine research company, Sociological Group “RATING”, SOCIS Centre for Social and Marketing Research and the Razumkov Centre on July 27 - August 9, 2012. 10,979 respondents aged above 18 years were polled in all regions of Ukraine. The margin of error is 1%. The margin of error for each region is 5%. The text uses the term “party voters”, meaning citizens who, according to the poll results, reported readiness to vote for that party; “passing” or “leading” parties are those that, according to the poll results, may pass the 5% election threshold.

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stablishment of parliamentarism in Ukraine in its democratic sense dates back to the times E when the Ukraine became a sovereign and independent state. However, that process is still far from completion. It is hindered by a number of factors – both external (a long transformational crisis, unstructured Ukrainian society, lack of traditions of democratic state-building) and internal (merger of government and big business, oligarchisation of governance, low political and legal culture of the Ukrainian political community). After the 2010 presidential elections, the internal factors were supplemented with trends towards authoritarian presidential power and concentration of all state power in the hands of one political force, furthermore controlled by a few mighty financial-industrial groups. This led to restoration of the presidential-parliamentary form of state governance through a constitutional “anti-reform” and substantial limitation of powers, functions and role of the Ukrainian Parliament – the Verkhovna Rada of Ukraine. Therefore, the development of parliamentarism in witnesses a serious retreat. This section outlines specificities of the membership and activity of the current Verkhovna Rada of the 6th convocation (VR-6) with account of the outcomes of the “constitutional antireform”, their effect on the overall state of democracy in Ukraine, efficiency of Parliament’s activity and its perception by the expert community and the public.

1.1. INSTITUTIONAL SUPPORT FOR ACTIVITY the Verkhovna Rada lost the right to appoint the Prime OF THE VERKHOVNA RADA OF Minister (as submitted by the President) and to dismiss THE 6TH CONVOCATION: EFFECTS OF him, to form the Government (appoint some ministers) THE CONSTITUTIONAL “ANTI-REFORM” OF 2010 and to influence the programme of its activity;2 according to the reinstated Constitution, the Government reports Legal and regulatory framework. The Verkhovna not to Parliament but to the President and is not guided Rada of the 6th convocation (2007-2012) worked on by the Verkhovna Rada resolutions in its activity. different legal and regulatory principles, due to the Instead, the President got the right to actually personally constitutional “anti-reform” of September, 2010, involving appoint the Government (in addition to appointment and cancellation of the Law “On Introducing Amendments dismissal of other heads of central bodies of power and to the ” of December 8, 2004, heads of local state administrations), and to decide on by the Constitutional Court of Ukraine and amendment early termination of the Verkhovna Rada powers without of some Ukrainian laws dealing with the division of consultations with the Verkhovna Rada Chairman (Box powers in the President – Parliament – Government “Constitutional reform 2010: comparative table…”, triangle. So, the Parliament’s activity is now regimented pp.4-5). by the Constitution in the wording of 1996, laws and other regulatory-legal acts, in their totality making the so-called Respectively, the efficiency of its activity lowered. Parliamentary Law (Box “Legal framework of activity The main results of those changes include: impairment of VR-6…”, p.6).1 of the Verkhovna Rada role in the system of governance; structural drawbacks of Parliament; low efficiency of the The changes in constitutional and other legal principles VR work; irregularity and low quality of law-making; strongly affected Parliament’s powers. In particular, poor parliamentary control; insufficient transparency.3

1 Source: Legal framework of the Verkhovna Rada of Ukraine activity. – http://zakon2.rada.gov.ua/laws/pravbase. Invalidated laws (“On Interim Investigative Commissions, Ad Hoc Investigative Commission and Interim Ad Hoc Investigative Commissions of the Verkhovna Rada of Ukraine”, “On Languages in Ukraine”) were removed from the official list, the Law “On Fundamentals of the State Language Policy” was added – Ed. 2 Formally, the requirement of development of the Government’s Programme of Action and its approval by Parliament is not cancelled and is envisaged by the effective legislation. Meanwhile, according to the Law “On Introduction of Amendments to Some Legislative Acts of Ukraine (concerning the system of programme documents)” adopted on May 17, 2012, development of the State Programme of Economic and Social Development of Ukraine for the following year was removed from the Government’s duties (and replaced with National Action Plans approved by the Government that do not require approval by VR). The Government of works without an approved Programme of Action. 3 For data cited in this subsection see: Opposition in Ukraine: the state, conditions of activity, relations with the authorities. Razumkov Centre analytical report. – National Security & Defence, 2011, No.7-8, p.2-50; Assessment of Ukrainian Parliamentarism based on the Benchmarks for Democratic Legislatures: Agency for Legislative Initiatives report under the USAID Parliamentary Development Project II, 2011, http://parlament.org.ua/upload/docs/Benchmarks_ democracy__1.pdf; Regimentation of the parliamentary opposition status and rights: Memorandum, Annex 2 “Comparative analysis of parliamentary opposition activity during the 5th and 6th sessions of the Verkhovna Rada of Ukraine of the 6th convocation”. – National Institute for Strategic Studies, 2011, http://www.niss. gov.ua/articles/550 (in Ukrainian).

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CONSTITUTIONAL REFORM 2010: COMPARATIVE TABLE OF THE VERKHOVNA RADA POWERS BEFORE AND AFTER THE CONSTITUTIONAL COURT RULING of September 30, 2010

VR powers VR powers under the Constitution of 2004 VR powers under the effective Constitution (1996, as amended)

Appointment of the Prime Appointment, upon submission by the President. Consent to appointment by the President. Minister of Ukraine

Appointment, upon submission by the President, of the Prime Minister, Minister of Defence, Minister of Foreign Affairs; appointment, upon submission by The President appoints, upon submission by the Personal formation of the the Prime Minister, of other CMU members, heads Prime Minister, CMU members, heads of other central Government of the Antimonopoly Committee, State Committee executive bodies, heads of local state administrations for Television and Radio Broadcasting, SPFU, their and terminates their office. dismissal, decision on resignation of the Prime Minister, CMU members.

Appointment and dismissal of the Appointment and dismissal, upon submission by Head of the Security Service of the President, of the Head of the Security Service Cancelled Ukraine of Ukraine.

Consent to appointment and dismissal by the Consent to appointment of the General Prosecutor by Appointment and dismissal of the President of the General Prosecutor; vote of no the President; vote of no confidence in the General General Prosecutor confidence in the General Prosecutor, entailing his Prosecutor, entailing his resignation. resignation.

Appointment and dismissal of Appointment and dismissal of one-third of CCU Appointment of one-third of CCU members. one-third of CCU members members.

Coalition of parliamentary factions in VR proposes to Nominators the President the candidacy for the Prime Minister Appointments are made by the President. and candidacies to CMU.

If he does not remove circumstances resulting in In case of non-fulfilment of the requirement of violation of the requirement of inconsistency of a inconsistency of a parliamentary mandate with other parliamentary mandate with other activities within 12 activities, powers of a national deputy are terminated days after their emergence. early pursuant to the law by a court ruling. Powers of a national deputy are terminated early Refusal of a national deputy elected from a political party (election bloc of political parties) to join the parliamentary faction of that political party (election Cancelled (imperative mandate). bloc of political parties) or withdrawal of a national deputy from such faction (imperative mandate).

The President may terminate powers of VR early, if:  within one month, VR fails to create a coalition of parliamentary factions; Those grounds for VR dismissal were cancelled.  within 60 days after CMU resignation, CMU is not formed. Termination of VR powers

A decision of early termination of VR powers is taken A decision of early termination of VR powers is taken by the President after consultations with the VR by the President without consultations with the VR Chairman, his deputies and heads of parliamentary Chairman. factions.

Upon the election results and on the basis of coordination of political positions, a coalition of parliamentary factions is created in VR, including the majority of MPs from the constitutional membership Creation of a coalition of of VR. parliamentary factions including Cancelled. A coalition of parliamentary factions in VR is created the majority of MPs within one months from the opening date of the first sitting of VR…, or within a month from the day of termination of activity of a coalition of parliamentary factions in VR.

Legislative initiative is vested in the President, Legislative initiative is vested in the President, Legislative initiative national deputies and CMU. national deputies, CMU and the National Bank.

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If during a repeated consideration a law is again passed by not less than 2/3 of the constitutional If during a repeated consideration a law is again passed membership of VR, the President is obliged to sign Signing of a law after overriding by not less than 2/3 of the constitutional membership and officially release it within 10 days. If the President presidential veto of VR, the President is obliged to sign and officially does not sign such a law, it is immediately officially release it within 10 days. released by VR Chairman and published with his signature.

The President may impose a veto on laws passed The President may veto down laws passed by VR with by VR (except laws on introduction of amendments Presidential veto their subsequent return for repeated consideration to to the Constitution) with their subsequent return for VR. repeated consideration to VR.

On behalf of VR, control of State Budget revenues and Control of the use of State Budget funds is exercised by Budget control their use is exercised by the Accounting Chamber. the Accounting Chamber on behalf of VR.

The procedure of VR work is established by the The procedure of VR work is established by the Constitution and VR Procedures. Constitution and the Law on VR Procedures. Procedure of approval of VR VR Chairman exercises powers envisaged by this VR Chairman exercises powers envisaged by this procedures Constitution in accordance with the procedure Constitution in accordance with the procedure established by VR Procedures. established by the Law on VR Procedures.

In case of early termination of the President’s powers In case of early termination of the President’s powers pursuant to Articles 108, 109, 110, 111 of this pursuant to Articles 108, 109, 110, 111 of this Constitution, till the election and accession to office Constitution, till the election and accession to office of Exercise of presidential powers of the new President the President’s duties are vested the new President the President’s duties are vested in in case of early termination of his in VR Chairman. In the period of his exercise of the the Prime Minister. In the period of his exercise of the powers President’s duties, VR Chairman cannot exercise President’s duties, the Prime Minister cannot exercise powers envisaged by Items 2, 6-8, 10-13, 22, 24, 25, powers envisaged by Items 2, 6, 8, 10, 11, 12, 14, 15, 27, 28, Article 106 of the Constitution. 16, 22, 25, 27, Article 106 of the Constitution.

CMU is responsible to the President and VR, CMU is responsible to the President, controlled by and CMU responsibilities controlled by and reports to VR within the limits reports to VR within the limits provided by Articles 85, provided by this Constitution. 87 of the Constitution.

In its activity, CMU is guided by this Constitution Regulatory framework and laws, as well as presidential decrees and In its activity, CMU is guided by this Constitution and of CMU activity VR resolutions adopted in line with laws, as well as presidential acts. the Constitution and laws.

CMU resignation CMU lays down powers to the newly elected VR. CMU lays down powers to the newly elected President.

The Prime Minister leads CMU work, concentrating The Prime Minister leads CMU work, concentrating CMU Programme of Action on implementation of the CMU Programme on implementation of the CMU Programme of Action approved by VR. of Action approved by VR.*

The Prime Minister submits proposals to the President CMU establishes, reorganises and liquidates in regarding establishment, reorganisation and liquidation accordance with the law ministries and other central Reorganisation of CMU of ministries, other central executive bodies within the executive bodies, acting within the limits of funds limits of funds allocated by the State Budget of Ukraine allocated to maintenance of executive bodies. to maintenance of those bodies.

The CMU whose resignation was accepted by the Resignation of the Prime Minister, passage President continues to discharge its powers on his of the VR resolution of no confidence in CMU entail assignment till the beginning of work of the new CMU, Resolution of no confidence resignation of the entire CMU. In such cases VR but not longer than for 60 days. in CMU forms a new CMU of Ukraine within terms and in The Prime Minister is obliged to file CMU resignation to accordance with the procedure established by this the President pursuant to the President’s decision or in Constitution. connection with the passage of the VR resolution of no confidence.

Scheduled elections of VR are held on the last Sunday Terms of VR powers Five years. in October of the last year of VR office.**

Election participants Parties (election blocs of political parties). Only political parties.*** * Formally, that Article was not amended. However, according to the Law “On Introduction of Amendments to Some Legislative Acts of Ukraine (concerning the system of programme documents)” adopted on May 17, 2012, the Government’s Programme of Action should rest on annual addresses of the President. ** The collision is that after the cancellation of the Constitution in the wording of December 8, 2004, and reinstatement of the original Constitution in the wording of 1996, the next parliamentary elections were to take place in spring, on the last Sunday of March of the last year of MPs’ office (the Constitution established the VR term of office of four years). However, the election process was suspended by CCU. This gave time for amendment of the Constitution. Therefore, pursuant to the Law “On Introduction of Amendments to the Constitution of Ukraine Concerning Conduct of Scheduled Elections of National Deputies of Ukraine, the , Members of the Supreme Council of the Autonomous Republic of , Local Councils and Village, Settlement, City Mayors” of February 1, 2011, the term of office of members of VR, the Supreme Council of the Crimea, village, settlement, city, district, regional councils whose members were elected at scheduled elections was increased to five years. It also provided that elections take place on the last Sunday of October of the fifth year of office of the concerned council, and scheduled elections of the President are held on the last Sunday of March, 2015. *** The election system and election process participants were specified by the new election law passed by Parliament after introduction of amendments to the Constitution (increasing terms of office of all councils) and conduct of local elections under a mixed system, totally won by the .

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media; the Staff employs hired workers (the Verkhovna LEGAL FRAMEWORK OF ACTIVITY OF VR-6, Rada structure, functions and mechanisms are presented in as of November 1, 2012 th Constitution of Ukraine (in the wording of April 28, 2010; identical Box “Verkhovna Rada of Ukraine of the 6 convocation…”, to the text valid before the amendment of the Law “On Introducing pp.8-9). Amendments to the Constitution of Ukraine” of December 8, 2004) After the presidential elections in February, 2010, Vienna Convention on the Law of Treaties between States of the Verkhovna Rada structure actually did not change May 23, 1969 functionally.4 However, it fundamentally changed Laws of Ukraine: politically – very promptly and in the interests of the • “On the Status of a National Deputy of Ukraine” of pro-presidential majority. November 21, 1992 • “On the Rules of Procedures of the Verkhovna Rada of On March 9, Parliament adopted the Law “On Ukraine” of February 10, 2010 Introducing Amendments to the Law of Ukraine • “On Committees of the Verkhovna Rada of Ukraine” of ‘On the Verkhovna Rada of Ukraine Procedures’” April 4, 1995 that allowed formation of the parliamentary coalition • “On Public Appeals” of October 2, 1996 consisting not only of factions (as it was in VR-5 and • “On Information” of October 2, 1992 VR-6 before March 2010) but also of individual MPs. As • “On Access to Public Information” of January 13, 2012 soon as March 10, the Law was signed by the President, • “On State Service” of December 16, 1993 and on March 11, the coalition “Stability and Reforms” • “On Principles of Prevention and Countering Corruption” of was set up in the Parliament. It united the factions of the April 7, 2011 Party of Regions, CPU and Lytvyn’s Bloc (227 MPs) and • “On Principles of the State Language Policy” of June 5, 2012 individual MPs that previously belonged to the BYuT and Code of Laws on Labour in Ukraine of December 10, 1971 NUNS factions.5 On April 6, the Constitutional Court Regulations: confirmed the legality of formation of the coalition, in • of consultant-aide of a national deputy of Ukraine that way making it legitimate.6 (VR Resolution No.379 of October 31, 1995); • of the Verkhovna Rada of Ukraine Staff (Directive of Two circumstances of adoption of the Constitutional VR Chairman No.459 of May 31, 2000); Court’s ruling strike the eye. First: the ruling ran contrary • on the procedure for handling draft laws, resolutions, to another Constitutional Court’s ruling of September 17, other acts of the Verkhovna Rada of Ukraine (Directive of 2008, providing that “a coalition of parliamentary VR Chairman No.428 of May 22, 2006); factions may include only national deputies – members of • on the procedure for work with documents in the Verkhovna parliamentary factions that formed the coalition”.7 Second: Rada of Ukraine (Directive of VR Chairman No.448 of the substance of the Court ruling was known to state 25 May 2006); officials and functionaries of the Party of Regions before General rules of conduct of a state servant (Head of the its official release. Those circumstances gave reasons Main Department of State Service of Ukraine Order No.214 of August 4, 2010). to be doubtful about impartiality of the Constitutional Court and to suggest that it has been influenced by the Curtailment of the Verkhovna Rada powers impaired new presidential administration and, therefore, cannot its role in the system of governance, restricting its be an unbiased arbiter in relations, in particular, of the constituent and controlling functions. parliamentary majority and the opposition. Commenting on the Court’s ruling, the Razumkov Organisation of Parliament’s work. The Verkhovna Centre experts said: “The Constitutional Court has Rada of Ukraine structure generally meets uniform effectively legitimised the possibility of radical change standards and rests on political and functional principles. in the position of National Deputies in the ratio The political principle of organisation envisages creation “government – opposition”, regardless of the political of parliamentary factions (groups), inter-factional unions, forces whose lists they were voted in on. This renders coalitions on the principles of party affiliation resting meaningless the will of citizens as expressed at the on political and ideological community that make the elections through support of political parties (blocs) and parliamentary majority and the opposition. The functional their pre-election programmes. This devalues the principle one envisages creation of parliamentary committees guaranteed by Article 5 of the Constitution that power is (and subcommittees), working groups, interim ad hoc exercised by the people via state bodies of power and the and investigative commissions corresponding to the key right of citizens to take part in governance of state affairs, functions of Parliament; the list of those parliamentary enshrined in Article 38 of the Constitution. The decision bodies is not universal and final – it depends on priorities of the Constitutional Court could also lead to increased and problems of the state policy, lines and scope of the political corruption in Parliament… It demonstrates at the law-making activity, professional qualities and ambitions same time that there are no institutions in Ukraine capable of political and faction leaders, other factors. of guaranteeing adherence to the Constitution of Ukraine Parliament’s work and functions are supported by by the authorities themselves, and of safeguarding citizens’ its Staff, supportive research institutions, parliamentary rights and freedoms”.8

4 Despite its deficiencies, including, i.a., the numerically cumbersome and functionally insufficient system of parliamentary committees, which leads to duplication of their functions, diffusion of efforts and complication of controlling functions, delay of the law-making process, deterioration of its quality. 5 On March 3, 2010, a motion of no-confidence was passed against Yuliya Tymoshenko’s Government (243 “yeas”). On March 11, Mykola Azarov was appointed the Prime Minister (242 “yeas”), powers of the previous Government were terminated (238 “yeas”), the new Government was approved (240 “yeas”). Therefore, a minimum programme of was implemented – a pro-presidential Government was formed. 6 Constitutional Court of Ukraine Ruling No.11-рп/2010 of April 6, 2010. – VR of Ukraine web site, http://zakon2.rada.gov.ua. 7 Constitutional Court of Ukraine Ruling No.16-рп/2008 of September 17, 2008. – Ibid. 8 Razumkov Centre Statement regarding Constitutional Court Judgment, April 9, 2010. – Razumkov Centre web site, http://www.razumkov.org.ua/eng/news. php?news_id=333.

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Further events in Parliament and subsequent decisions For instance, implementation of reforms in the bodies of of the Constitutional Court proved the cited conclusions. internal affairs suggested by the Bill “On State Service With the formation of the “Stability and Reforms” of Law Enforcement”, even by analogy with reforms coalition, the parliamentary opposition actually lost a in Ukraine’s Armed Forces, requires huge resources. say, its proposals and criticism were no longer taken Meanwhile, the Bill argued without reasoning that state budget funds under the item of the Ministry of into account. The practice of flagrant violation of the 12 procedures of consideration of bills and adoption of Internal Affairs would be enough for the reform. laws gained strength. The parliamentary majority voted The Main Scientific Expert Department also deemed automatically, by a wave of the hand of an MP from the financial-economic substantiation of the Bill the Party of Regions’ faction, as a rule – without proper “On Introducing Amendments to the Law of Ukraine discussion and consideration of not only alternative ‘On Research and Scientific-Technological Activity’” inconsistent with the Budget Code requirements and viewpoints but also expert opinions of the Main Scientific 13 Expert Department of the Verkhovna Rada Staff. suggested its rejection. The poor quality of bills is also witnessed by great All this, taken together, gradually turned the 14 Parliament into an institution of approval and legislative many amendments made to them during discussions. formalisation of the President’s and Government’s For instance, over 600 amendments were proposed to decisions. That process was logically completed by the the Bill “On Election of National Deputies of Ukraine”, Verkhovna Rada’s actual consent to the Constitutional nearly 1,000 – to the draft Tax Code (however, those Court’s ruling of September 8, 2010, that, as we noted amendments are not always taken into account by bill above, cancelled the constitutional reform of 2004 and authors and the parliamentary majority during voting). returned the country to the presidential-parliamentary The quality of adopted laws is also poor. This is system, whereby the President got powers not given witnessed, in particular, by the following: to him by voters, and the Parliament yielded some of its powers. In the end result, the Parliament in fact lost • neglect of constitutional provisions by Parliament independence in the system of division of powers and at consideration and adoption of laws. This is appeared under the President’s control, having become showily demonstrated by the fact that two-thirds an element of the presidential “hierarchy”.9 of the laws considered by the Constitutional Court in 2007 and November 2009 were ruled 1.2. DISCHARGE OF THE KEY PARLIAMENTARY unconstitutional, fully or partially.15 In the following FUNCTIONS BY THE VERKHOVNA RADA TH years, the practice of neglect of constitutional OF THE 6 CONVOCATION provisions became even more spread; Parliament’s main functions are usually deemed to • growth in the number of legislative acts amending include legislative, representative and controlling. Some effective laws. According to the data cited in Table analysts also distinguish constituent (state-building, “Quality of law-making activity of VR-6” (p.10), organisational), budget finance and foreign policy while among laws adopted during the 3rd session functions, but many view them as varieties of the main 10 of Parliament, laws on amendments made 50%, three ones. with time, their figure rose in excess of 70%;16 Legislative function of Parliament: quality of law- making. Law-making activity of Ukrainian Parliament • further spread of the practice of amendment of is assessed rather critically. This primarily refers to the recently adopted legislative acts, including those quality of bills submitted to the Verkhovna Rada for that did not even enter into force. For instance, in consideration. In particular, according to the monitoring July, 2010, they hastily, without a conclusion of the conducted by the Agency for Legislative Initiatives, Venice Commission, passed the Law “On Judiciary starting from 2003, nearly a thousand bills are annually and Status of Judges”, and as soon as 2011, submitted for consideration to the Verkhovna Rada, only “drafted” its new wording. The new Tax Code 10-20% of which are translated into laws.11 adopted on December 2, 2010, has been amended since December 23 of the same year, now, there are There is a growing trend to submission of bills without 26 amendments. The Code of Criminal Procedure sufficient economic substantiation – that from the very adopted in April, 2012, and set to enter into effect in onset bars their implementation (in case of adoption). November, was amended as early as in July, 2012;

9 “We created a strong efficient administration led by the country’s President. Our Government and the Verkhovna Rada work in organic unity”. See: Mykola Azarov: Prompt organisation of fire fighting in Kherson region demonstrated the efficiency of work of the present authorities. – Party of Regions web site, August 10. 2012, http://www.partyofregions.org.ua (in Russian). “I was eager to do reforms, moreover that for the first time, very business-like working conditions have been created for that – the power of the President, Cabinet of Ministers and the majority in Parliament in fact represents an integral whole”. See: Tihipko is going to take part in presidential elections. – , August 10, 2012, http://www.pravda.com.ua (in Ukrainian). 10 Reduction of the Verkhovna Rada powers impaired its abilities to properly discharge, first of all, the constituent, budget control and foreign policy functions (in particular, by giving the President and the Government supremacy in formation of institutes of governance, the state policy in general and foreign policy in particular, loss of the Accounting Chamber’s right to control state budget proceeds). 11 See: “White Book” of Ukrainian parliamentarism. – Agency for Legislative Initiatives, Westminster Foundation for Democracy, Kyiv, 2010, http://www. parlament.org.ua (in Ukrainian). 12 Reg. No.10579 of September 12, 2012, authors – PR MPs and Valeriy Konovaliuk. 13 Reg. No.3185 of September 18, 2008, author – CPU MP Kateryna Samoilyk. 14 Noteworthy, in some cases numerous amendments to some bills are an element of political tactics of parliamentary factions and groups designed to prevent passage of those bills. 15 See: “White Book” of Ukrainian parliamentarism... 16 It should be added that according to the Agency for Legislative Initiatives calculations, almost 76% of the registered bills and 56% of the passed laws are amendments to the effective legislation. That is, Parliament spends the bulk of its work time on amendment of its own acts – while some vital legislative acts remain not passed (e.g., the Labour and Housing Codes, the Code of Administrative Offences, laws “On Public Prosecutor’s Offices”, “On Militia” and dozens of other laws that were passed either in the Soviet times or in the early years of Ukraine’s independence and are obsolete). See: Ibid.

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VERKOVNA RADA OF UKRAINE OF THE 6TH CONVOCATION:

Structure of the Verkovna Rada of Ukraine*

Verkhovna Rada Chairman V.M.Lytvyn (People’s Party) Accounting Chamber First Deputy Chairman Deputy Chairman Verkhovna Rada R.M.Mahuta A.I.Martyniuk (CPU) M.V.Tomenko (BYuT) of Ukraine Human Rights (parliamentary majority) Commissioner V.V.Lutkovska Conciliatory Board Collegium (parliamentary majority) of factions (groups) Committees Commissioner’s Departments Representatives and functional Parliamentary factions, Subcommittees, working groups divisions groups, interfaction unions Advisory Board Staff Majority** Secretariat Opposition** Staff Head Parliamentary media V.O.Zaychuk

Holos Ukrayiny Viche, Narodnyi Verkhovna Rada Staff newspaper Deputat journals Parliamentary Secretariats Web portal Publishing of Chairman Committee Departments, Institute http://iportal.rada.gov.ua House and Deputy secretariats divisions of Legislation Ombudsman’s web site Rada TV and Chairmen www.ombudsman.gov.ua radio channel

* The Verkhovna Rada of Ukraine is a unicameral parliament consisting of 450 members elected on the basis of general, equal and direct suffrage by secret ballot for five years. A national deputy may only be a citizen of Ukraine of not less than 21 years old on the election date, eligible to vote and living in Ukraine over the last five years. A citizen convicted for a malicious crime cannot be elected to the Verkhovna Rada, if his conviction was not cancelled in accordance with the legislatively established procedure. The Verkhovna Rada is competent in case of election of not less than 2/3 of its constitutional membership. The President of Ukraine may terminate powers of the Verkhovna Rada if plenary sittings cannot start for 30 days of one scheduled session. Powers of the Verkhovna Rada elected at extraordinary elections held after early termination of powers of the previous Verkhovna Rada by the President of Ukraine cannot be terminated for one year from the day of its election. Powers of the Verkhovna Rada cannot be terminated early during the last six months of office of the President of Ukraine. ** Despite the actual existence of the majority and the opposition in VR-6, the principles of their creation and activity are not legislatively regimented: the present wording of the Constitution of Ukraine does not have the notion of a “coalition of parliamentary factions”, therefore, the relevant Chapters (12 and 13) were removed from the Law of Ukraine “On the Procedures of the Verkhovna Rada of Ukraine” pursuant to the Law of Ukraine “On Introducing Amendments to the Procedures of the Verkhovna Rada of Ukraine” of October 8, 2010. Opposition in Ukraine: the state, conditions of activity, relations with the authorities. The Razumkov Centre’s analytical report, National Security & Defence journal, No.7-8, 2011, pp.3-24.

Key functions of the Verkhovna Rada Legislative Representative Constituent Controlling Foreign Budget policy finance Drafting and discussion Identification, Participation in formation Control of the Government’s of bills; expert summarisation, of the Government, activity; parliamentary control laying down fundamentals Adoption of examination of bills; coordination, bodies of power and of observance and defence of the foreign policy; legislative the Law on the adoption of laws, formulation, exercise and local self-government of constitutional human and activity in the field of foreign State Budget; their amendment, protection of interests bodies; laying down civil rights and freedoms policy; consent to the binding introduction of invalidation, cancellation of the Ukrainian people: the principles of their (Ombudsman); budget finance character of international amendments or suspension; calling elections and an functioning; formation control (Accounting Chamber); treaties of Ukraine and their to it; control of introduction of all-Ukrainian referendum of judicial bodies; passage of decisions regarding denunciation; passage of implementation decisions on military assistance amendments to the on issues specified in creation of parliamentary inquiries to the President on a to other states, deployment of of the State Constitution of Ukraine; the Constitution; laying structures; participation in request of a national deputy, armed forces units to another Budget; passage issue of laws. down fundamentals formation of other bodies a parliamentary group or a state or admission of armed of decisions Legislative initiative is of home and foreign of state power and state parliamentary Committee; forces units from other states regarding the vested in the President, policy; approval of organisations; appointment parliamentary inquiries and to the territory of Ukraine; report of its national deputies, the national programmes or election, dismissal, appeals; parliamentary control participation in the activity implementation Cabinet of Ministers and of economic, scientific- consent to appointment of specific issues, direct or of interstate parliamentary the National Bank. Laws technological, social, and dismissal of officials of via interim ad hoc and interim structures: resolve all issues except national cultural other bodies of state power investigative commissions. Inter-Parliamentary Union those resolved by an development, and state organisations, The Verkhovna Rada may on Parliamentary Assembly of the Council of all-Ukrainian environmental assistance with formation a proposal of not less than Parliamentary Assembly of OSCE referendum protection; hearing of local self-government 1/3 of national deputies of its Parliamentary Assembly of BSEC annual and extraordinary bodies; solution of issues constitutional membership Parliamentary Assembly of NATO addresses of the relating to other elements consider the issue of the Inter-Parliamentary Assembly of CIS President on the internal (attributes) of activity of Government’s responsibility Parliamentary dimension of the Central European Initiative and external situation of society and the state and pass a resolution of no Inter-Parliamentary Assembly of EurAsEC Ukraine confidence by the majority of Inter-Parliamentary Assembly of Orthodoxy constitutional membership of Parliamentary Assembly of GUAM the Verkhovna Rada EU-Neighbourhood East Parliamentary Assembly Interstate Inter-Parliamentary Assembly

Mechanisms Internal national Internal parliamentary International Elections Parliamentary hearings Parliamentary groups for inter-parliamentary Referendum An Hour of Questions to the Government ties with other countries and organisations Activity of the institute of Ombudsman Sittings devoted to issues of the Government’s responsibility Exchange of delegations Activity of the Accounting Chamber Hearing of heads of bodies of state power Information exchange on a wide range of Government reports Committee hearings issues Work of MPs in constituencies Activity of interim ad hoc and investigative commissions Information for the public and the authorities Work of MPs in committees Intra- and inter-faction activity Handling of citizens’ applications Parliamentary appeals and inquiries

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STRUCTURE, FUNCTIONS, MECHANISMS

Parliamentary factions and groups

Name of parliamentary faction, group Date of creation Strength at the Strength time of election as of 09.09.2012 VR-6 Faction of the Party of Regions 23.11.2007 175 194 Faction of Yuliya Tymoshenko’s Bloc Batkivshchyna* 23.11.2007 156 98 Faction of “Our Ukraine – People’s Self-Defence” Bloc: People’s Union “Our Ukraine”, Political party “Forward, Ukraine!”, People’s Rukh of Ukraine, Ukrainian People’s Party, Ukrainian Republican Party Sobor, Christian Democratic Union party, European Party of Ukraine, Civic Party Pora, Party of Defenders of Motherland 23.11.2007 72 63 Faction of the Communist Party of Ukraine 23.11.2007 27 25 Faction of the People’s Party ** 23.11.2007 20 20 Group “” 16.02.2011 21 19 National deputies who do not belong to any party or group (independent) 21 31 * In September, 2010, BYuT faction was renamed faction of BYuT-Batkivshchyna (BYuT-B). ** In November, 2010, faction of Lytvyn’s Bloc was renamed faction of the People’s Party. Parliamentary majority “Stability and Reforms”

Name of a parliamentary faction Number of national deputies 05.10.2010 04.09.2012 Party of Regions 179 194 Communist Party of Ukraine 27 25 People’s Party 21 20 Total 227 239 Committees and commissions of the Verkhovna Rada of Ukraine (strength), their heads and their factions

Committees (26) for Economic for Agricultural for European for Justice (24) for State Building and for Construction, Urban Policy (19) Policy and Land Integration (13) S.V.Kivalov – Local Self-Government Development, Housing О.М.Tkachenko – Relations (23) B.I.Tarasiuk – PR (16) and Utilities Sector and for Environmental Policy, CPU H.M.Kaletnik – PR NUNS О.О.Omelchenko – Regional Policy (15) Use of Nature and independent V.V.Rybak – PR Liquidation of Aftermath of the Chornobyl Accident (17) for Culture and for Fighting for Budget (34) for Freedom for Legislative Support for Fuel and Energy Sector, А.І.Semynoha – Spirituality (11) Organised Crime V.O.Baranov – of Speech and for Law-Enforcement Nuclear Policy and Nuclear independent V.O.Yavorivskyi – and Corruption (22) People’s Party Information (10) Activity (16) Safety (20) BYuT-B V.A.Bevz – CPU Yu.Ya.Stets – V.D.Shvets – BYuT-B M.V.Martynenko – NUNS NUNS for Science and for National Security for Foreign Affairs for Social Policy for Family, Youth for Industrial and Education (12) and Defence (18) (14) and Labour (13) Policy, Sports and Regulatory Policy and M.H.Lutskyi – PR A.S.Hritsenko – O.H.Bilorus – V.H.Khara – PR Tourism (12) Enterprise (13) for Procedures, NUNS BYuT-B P.I.Kostenko – BYuT-B N.Yu.Korolevska – Parliamentary Ethics and independent Support for the Verkhovna for Pensioners, for Legal Policy (13) for Public Health for Transport and for Finance, Banking, for Human Rights, National Rada Activity (22) Veterans and S.H.Mishchenko – (14) Communications Tax and Customs Policy Minorities and Inter-Ethnic V.V.Makeyenko – PR Invalids (7) independent T.D.Bakhteyeva – (25) (33) Relations (9) V.M.Sushkevych – PR М.І.Myronenko – V.Yu.Khomutynnyk – О.О.Zarubinskyi – People’s BYuT-B PR PR Party Committee heads, first deputy heads, deputy heads and secretaries cannot simultaneously lead parliamentary factions. A committee head, first deputy head, deputy head and secretary cannot belong to the same faction. The Verkhovna Rada of Ukraine Chairman, First Deputy Chairman and Deputy Chairman cannot be elected committee members

Commissions (6) / their strength Counting commission Interim ad hoc commission on matters of the Autonomous Interim investigative commission for investigation of of the 6th convocation (20) Republic of Crimes (15) circumstances that led to the situation involving Indar CJSC (14) B.D.Deich – PR І.І.Plokhoi – PR M.Kh.Shershun – People’s Party Interim investigative commission for investigation of Interim investigative commission for investigation of actions circumstances of violation of the Constitution, the Land Code, by officers of bodies of internal affairs during the exercise of other laws of Ukraine and passage of unlawful decisions by the the constitutional right to freedom of peaceful assembly by in 2007-2010 (7) participants of a meeting on August 24, 2011, in the city of Kyiv (6) K.B.Kulykov – NUNS V.A.Kyrylenko – NUNS

Distribution of committees and commissions by faction PR BYuT-B NUNS CPU People’s Party Independent Total As of 01.01.2008 9 9 5 3 2 – 28 As of 01.08.2012 9 5 4 2 2 4 26 Departments and divisions of the Verkhovna Rada Staff Institute of Legislation of the Verkhovna Rada Main Scientific Expert Department Department of Support for Inter-Parliamentary Ties Division of Theory and Methodology of Law-Making Activity Main Legal Department Department of Ties with Local Authorities and Local and Systematisation of Law Main Department of Documentary Support Self-Government Bodies Division of State Building Main Organisational Department HR Department Division of Administrative and Financial Law Division of Civil and Business Law Information Department Chancellery Division of Labour and Social Law Press Service Division of Ties with Judicial Bodies Division of Criminal and Correctional Labour Law IT Department Division of Public Appeals Division of International and Comparative Law Control Division Supporting units

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QUALITY OF LAW-MAKING ACTIVITY OF VR-6 (Razumkov Centre’s assessment)

Number of laws amending earlier laws Sessions ІІІ ІV V VI VII VIII IX X Total number of laws 102 158 63 118 115 188 153 196 In that, amendments to laws 51 118 50 91 96 141 116 139 (% of total)* (50%) (75%) (79%) (77%) (83%) (75%) (76%) (71%) Viktor Yanukovych * Not taking into account laws on ratification, laws on adoption and amendment of the state budget.

Codes adopted by VR-6 and number of amendments to them Codes Budget Code Tax Code Air Code Code of Criminal Customs Code Procedure Date of adoption 08.07.2010 02.12.2010 19.05.2011 13.04.2012 13.03.2012 Last amended 05.07.2012 06.07.2012 05.07.2012 05.07.2012 Number of 13 26 Unchanged 1* 4 amendments * Effective from November 19, 2012.

• creation of the precedent for the President to sign a pro-presidential parliamentary majority. While the 5th law on the condition of its adjustment. For instance, session of Parliament (September 2009 - January 2010) the Law “On Fundamentals of the State Language adopted 63 laws, the 6th (February-July 2010) – as many Policy” was signed by the President, with a as 118; later on, their number further rose and reached simultaneous assignment to the Government to set 196 laws passed by the 10th session (July-February, 2012).19 up a working group “for perfection of legislative Second: a decrease in the number of laws passed support for the use of languages in Ukraine”, in 17 by broad consensus (by a constitutional majority). While fact, for adjustment of said Law; the 5th session passed like that 17 laws, 6th – 14, the 7th • spread of the practice of neglect of critical conclusions session – only three, 8th – not a single one, the 9th and of concerned parliamentary committees, the Main 10th sessions – one law each. All bills were supported Scientific Expert and the Main Legal Departments by the factions of the Party of Regions and the People’s during consideration and passage of such bills in Party. MPs from the Reforms for the Future group had the first reading. For instance, the 10th session of some reservations – they did not support six bills. CPU VR-6 passed in the first reading 43 bills, contrary sometimes managed to save its political and ideological to recommendations to adjust them before adoption image, refusing to support the most notorious proposals or even to reject them entirely. (38).20 All this reveals sharp political confrontation in the Verkhovna Rada…, politically ruling out support for bills Because of those and other deficiencies, VR-6 proposed by the opposition and at the same time ensuring passed highly controversial, often – corrupt legal acts 18 “automatic” passage of laws pushed by the pro-presidential on foreign, economic, social, humanitarian policy. majority. Neglect of conclusions of concerned committees, the Main Scientific Expert and the Main Legal Departments Third: the growing share of laws submitted not of the VR Staff (de jure not a violation of the by national deputies but by the Government and the Procedures) in that process may witness prevalence of the President. Out of the mentioned 196 laws passed at the political side over the professional one in Parliament’s 10th session, 92 (or 47%) were submitted by national activity. deputies, 104 (53%) – by the Government (96) and the President (8).21 And since MPs often lobby projects of Three more things deserve attention in the law- central executive bodies and submit bills drafted by making activity of VR-6. those bodies for consideration in their name (which First: that trend rocketed after the election facilitates the submission procedure), there are grounds of Ukraine’s President in 2010 and creation of a to speak of loss of the legislative initiative by Parliament.

17 President of Ukraine Assignment “On perfection of legislative support for the use of languages in Ukraine” of August 8, 2012. – President of Ukraine web site, http://www.president.gov.ua. The document reads: “To set up a working group… for generation and submission of systemic proposals for perfection of the legislation on the procedure of use of languages in Ukraine”. According to Vice Prime Minister Rayisa Bohatyriova, one of the main tasks of the Working Group will be to draft changes to the Law “On Principles of the State Language Policy”. See: Working group will develop modern legislation that will meet language needs of all citizens, – Rayisa Bohatyriova. – President of Ukraine web site, August 8, 2012 (in Ukrainian). 18 E.g., laws of 2010: foreign policy – “On Foundations of the Domestic and Foreign policy” (July 1, 2010); economic – “On State Procurements” (June 1, 2010); the Tax Code of Ukraine (December 2, 2010); social – “On Measures at Legislative Support for the Pension System Reform” (July 8, 2011), and the Law “On Principles of the State Language Policy” of July 3, 2012 – in the humanitarian policy. 19 Data of the Agency for Legislative Initiatives. See: Shramovych V. Do we need records in the Verkhovna Rada? – Ukrayinska Pravda, July 26, 2012, http://www.pravda.com.ua (in Ukrainian). 20 Noteworthy, some “opposition” MPs vote contrary to the faction stand: while BYuT-B faction totally supported 13 laws, NUNS – 3, some members of those factions voted for laws proposed by the majority. 21 Shramovych, V. Do we need records in the Verkhovna Rada?...

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Combined with the above-mentioned neglect of the a common idea of the ways of the country development opposition, those things prompt the suggestion that the but rather business projects or partnerships established parliamentary majority (in reality – the new Presidential to push some persons to power.22 Administration and the Party of Regions) is insistently trying to create a legal and regulatory framework meeting In such situation, political power gradually only its idea of the country’s present and future and to concentrated in the hands of a few parties and blocs, and pass the “point of no return”, i.e., to create a situation Parliament elected under that system turned from a body where it will be difficult, if not impossible, to cancel designed to represent interests of social groups into a tool implemented laws. pushing interests of a few political groupings, their leaders and, in most cases, sponsors, powerful financial-industrial One can just mention the Law on ratification of groups (FIGs). For instance, in the Verkhovna Rada of the Agreements that extended the Russian the 5th and 6th convocations all factions without exception Black Sea Fleet stationing in Ukraine till 2042, the Law were supported by one or another FIG. “On Foundations of the Domestic and Foreign Policy” that declared Ukraine a non-bloc state, and the Law Meanwhile, another trend arose and rapidly gains “On Principles of the State Language Policy”. The latter strength – of nepotism: Parliament absorbed more case is especially striking: the Law was adopted hastily, relatives of high-ranking officials, a few members of in violation of the procedure, just before the official the same family at a time. Judging by party lists and parliamentary election campaign – on July 3, 2012, candidates nominated in single-member constituencies, despite the fact that the Law has evident signs of an the current parliamentary elections can make the trend election technology (since it was designed to fulfil election towards nepotism of state power in Ukraine a tradition.23 promises of the Party of Regions and the President) and, According to the Head of the Committee of Voters of as noted above, needs adjustment, but its provisions are Ukraine, Oleksandr Chernenko, “There is a danger that after already effectively implemented in some regions of the the elections, Parliament will turn into a family-clannish country, where the was imposed as structure. During political bargaining members of family regional official. The situation will be very difficult to couples coming to Rada will seek positions in exchange for correct (in case of the government change). Just as its support for concrete persons or facilitation of solving adoption was accompanied with mass public protests, its specific issues. This trend may consolidate their families, cancellation may also cause social tension. but not Ukrainian parliamentarism”.24 Summing up, it may be argued that the Ukrainian Another trend that undermines the representative Parliament inadequately performs its law-making function of Ukraine’s Parliament is presented by the function. It ignores proposals and initiatives of the growing prevalence of wealthy persons. While VR-2 had opposition, conclusions of parliamentary committees, only some two dozen MPs whose estate was estimated the Main Scientific Expert and the Main Legal above 1 million, VR-3 – after the mixed election Departments of the VR Staff. Meanwhile, a law of any quality or subject proposed by the President or the system was introduced – over 110 MPs, VR-4 – over 200, VR-5 – over 250, VR-6 – over 300, or two-thirds of Government is actually doomed to support from the 25 parliamentary majority. Many bills and passed laws Parliament members. According to estimates, the estate just amend the effective legislation, ever more bills of the 20 richest parliamentary candidates at the present elections makes $7.7 billion. 15 of them stand for the and laws are proposed not by national deputies but 26 by the Government and the President of Ukraine. Party of Regions. So, it may be suggested that the trend to prevalence of wealthy persons among MPs will not Representative function of the Parliament: weak change either – while nearly 80% of Ukrainian families connection with voters. Introduction of the proportional live on the brink of poverty. election system with closed party lists in 2004, on one hand, led to the actual loss of voters influence on the Those trends discredit Parliament in the eyes of the composition of the Parliament; on the other – critically Ukrainian public and make it sure that the Verkhovna shattered MPs’ responsibility to citizens. The latter is Rada defends the interests of not society but, first of attributed to the underdevelopment of the Ukrainian party all, representatives of big business, shadow dealers and system, low political culture and a specific nature of the heads of state authorities. This is witnessed by the results of majority of political parties, being not associations of a public opinion poll presented in Table “Interests of which citizens on the basis of specific political ideology and/or social groups…?” (p.12). Experts share this opinion.27

22 For more detail see: Political parties of Ukraine: Razumkov Centre analytical report. – National Security & Defence, 2011, No.12, p.15-60; Ukraine’s party system: specificity of establishment, problems of functioning, prospects of development. Razumkov Centre analytical report. – National Security & Defence, 2010, No.5, p.2-34. 23 Analysis of those lists shows that more than 50 candidates are members of 23 known families of politicians, businessmen or top officials. If elected, those persons will make over 10% of Parliament. 24 Appearance of families and relatives in Verkhovna Rada will consolidate their families, not Ukrainian parliamentarism – Chernenko. – Independent public portal, October 22, 2012, http://ngp-ua.info (in Ukrainian). 25 See: Porovskyi М. Elections of the future through paradoxes of the present. – Hromadianyn Ukrayiny web site, http://gukr.com/article1496.html; Political scientist Viktor Pashchenko: There are over 300 millionaires in the Verkhovna Rada, not interested in imposition of real estate tax. – ZIK newspaper, http://zik. ua/ua/news/2007/01/11/60121 (in Ukrainian). 26 Most of all rich men go to parliament under the Party of Regions’ banner: Forbes.ua drew up the rating of the richest parliamentary candidates. – September 20, 2012, http://tvi.ua (in Ukrainian). 27 See Table “Interests of which social groups…?” on p.81.

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All this gives grounds to state that the Verkhovna Institute of Ombudsman.29 That institute, established Rada of Ukraine ever less can discharge representative in Ukraine in 1998, presents the main tool that on behalf parliamentary function, which further compromises of Parliament exercises control of the state law- it in the public eyes. enforcement system.30 Analysis of the Ombudsman’s Controlling function of Parliament: restriction of activity over its entire history prompts the following powers, formal character. Traditional mechanisms of main conclusions. parliamentary control include: the institute of the Human Rights Commissioner (Ombudsman), the Accounting (1). In its activity, the Ombudsman mainly relied Chamber, interim ad hoc and investigative commissions, on one of the least efficient mechanisms of bodies Government reports, “an hour of questions to the of state power – resent appeals addressed to its to Government”, sittings dedicated to the Government’s competent authorities and/or local self-government responsibility, hearing heads of bodies of state power, bodies, i.e., in fact, the bodies that in one or another way parliamentary appeals and inquiries, committee and violated citizens’ rights and about which the citizens parliamentary hearings. had complained. It was calculated that in course of The analysis shows that VR-6 did not ensure the 14 years, people applied to the Ombudsman 50-70 thousand efficient use of those mechanisms. This primarily refers times a year; only 30% of the appeals were taken for to all forms of reports of the Government and individual consideration, the rest was rejected as unacceptable. government officials (such reports are irregular by time Nearly 40% of those accepted for consideration were and formal by substance of both the reports and the resent to other bodies, their further fate was not traced; relevant decisions of the Verkhovna Rada; furthermore, in response to another 40% of appeals, applicants were according to the established practice, reports are delivered given explanations as to the measures they need to take – not by ministry and agency heads but by their deputies); and only 20% of appeals entailed proceedings (according MP appeals and inquiries, response to which is usually formal;28 parliamentary and committee hearings (such to other estimates – 10-11%). In particular, in 2011, the hearings, as a rule, result in formal resolutions and Commissioner opened proceedings in 10.6% of appeals; decisions). Other mechanisms are a bit more effective, sent 25.4% of appeals to bodies of state power and local although they generally do not improve the situation in self-government bodies; refused to consider 3.7% of the sectors under their control. appeals.31 Interests of which social groups should the Verkhovna Rada of Ukraine defend in the first place? % of citizens polled

REGIONS AGE PARTY AFFILIATION – CPU East West UKRAINE Party South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Forward! Ukraine of Regions Hard to say 60 and over Batkivshchyna Representatives of big capital 47.7 53.5 55.2 39.5 40.6 49.1 48.6 49.0 47.0 45.5 57.1 71.2 47.3 50.0 31.5 58.0 39.8 Shadow dealers 35.5 39.5 42.8 26.9 30.0 36.3 34.0 36.6 36.6 34.3 42.9 39.7 30.6 28.9 22.1 51.0 33.9 Heads of state government bodies 23.0 19.5 24.3 14.8 27.7 24.0 24.9 24.6 21.7 20.8 23.0 28.8 27.7 27.6 20.0 34.0 20.2 All Ukrainian citizens 17.0 7.9 14.3 38.0 15.2 14.5 16.2 17.7 19.2 17.8 8.6 6.8 17.1 8.0 37.8 6.4 18.7 Managers of state enterprises 8.4 7.2 9.1 2.3 11.4 9.0 8.6 8.4 6.1 9.4 8.6 5.1 6.3 4.0 10.3 14.7 7.0 Pensioners, elderly people 6.9 3.1 2.9 16.4 9.0 5.1 6.9 5.5 9.3 8.0 2.5 0.0 8.0 8.0 16.1 5.8 6.7 Employees of the public sector 4.3 5.4 3.9 3.3 4.4 3.5 3.8 5.8 3.5 4.7 3.4 5.1 3.6 2.6 7.2 3.8 4.0 Youths 4.1 2.6 1.1 12.1 4.1 3.7 5.2 2.0 6.4 3.3 1.7 1.7 2.7 5.3 10.3 1.9 4.3 Workers 2.6 2.1 1.1 9.5 1.1 2.4 2.3 3.5 3.2 1.8 0.5 0.0 1.8 5.3 6.5 0.6 3.7 Peasants 2.4 1.0 0.6 9.5 1.7 2.2 1.7 3.2 2.6 2.4 0.5 0.0 2.7 2.7 6.5 1.3 2.8 Medium and small businessmen 2.4 1.0 1.7 2.9 3.7 2.2 1.7 2.3 3.2 2.5 0.5 0.0 3.6 0.0 5.1 1.9 1.8 Veterans of wars, labour, 1.9 1.5 0.3 1.3 4.0 1.5 2.0 1.2 3.2 1.8 0.7 1.7 2.7 0.0 4.4 2.5 1.5 Afghanistan and Chornobyl Specialists and office workers 1.5 1.5 1.2 3.6 0.8 1.1 1.7 1.7 2.0 1.2 1.7 0.0 0.0 2.6 2.6 1.3 0.6 Others 3.8 3.9 2.3 1.0 6.5 2.6 4.0 4.1 3.8 4.5 5.9 5.1 6.3 1.3 1.6 5.1 2.1 Hard to say 12.7 14.4 7.4 8.2 19.0 13.6 15.3 11.0 7.6 14.9 10.5 10.2 15.2 9.3 10.2 7.0 17.4 * Respondents were supposed to give not more than three acceptable answers.

28 During VR-6 office, 7,779 MP inquiries. All MP appeals and inquiries must be answered (since non-fulfilment of that procedure threatens state officials with a fine from 10 to 25 tax-free minimum incomes – Article 188-19 of the Code of Ukraine of Administrative Offences). However, MPs are often unsatisfied with official responses on different levels, which was more than once announced at plenary settings of VR-6. 29 For more detailed analysis of the Commissioner’s activity see: for 1998-2007 and part of 2008: Koval L. Analysis of the Verkhovna Rada of Ukraine Human Rights Commissioner activity. – Kharkiv, 2010, http://library.khpg.org/files/docs/1269004586.pdf; at the beginning of 2012: Monitoring of the first months of work of in the Ombudsman position. – Ukrainian Helsinki Human Rights Union, July 3, 2012, http://helsinki.org.ua/index.php?id=1341311879 (in Ukrainian). 30 had occupied the Commissioner’s post since its institution and till April 2012; in April, 2012 Valeriya Lutkovska was elected to that post on a proposal of the Party of Regions. 31 Annual Report of the Verkhovna Rada of Ukraine Human Rights Commissioner on the state of observance and protection of human rights and freedoms in Ukraine in 2011, p.16. – Verkhovna Rada of Ukraine Human Rights Commissioner official web site; http://www.ombudsman.gov.ua (in Ukrainian).

12 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PARLIAMENTARISM IN UKRAINE: INSTITUTIONAL SUPPORT, STATE AND TRENDS

(2). Bodies of power, including Parliament, rather Parliament itself and of competent state bodies to its formally respond to reports, appeals and other motions reports. First, on the basis of the Accounting Chamber of the Ombudsman. Human rights champions cite as reports and releases, parliamentary committees only may example VR Resolutions on the Ombudsman’s annual and (are not obliged) work out propositions for perfection special reports “of a standard non-committal substance”.32 of the effective legislation in the budget, financial and For instance, on April 5, 2011, the Verkhovna Rada credit sectors. Respectively, there is no established passed a Resolution that, in particular, recommended practice of remedy of drawbacks in the legislation to rule “the Cabinet of Ministers of Ukraine, other bodies of state out inefficient use of budget funds on the basis of the power to consider the conclusions and recommendations Accounting Chamber documents. of the annual report of the Verkhovna Rada of Ukraine Human Rights Commissioner and to take appropriate Second, the Accounting Chamber’s inspections measures for improvement of guarantees of human always reveal numerous violations in the financial rights and freedoms in Ukraine, perfection of the law- sector, non-target or irrational use of budget funds. enforcement practice in the field of human rights and However, there were no reports of infringers brought freedoms”. Respectively, Ukraine’s First Vice Prime to criminal responsibility following such inspections. Minister Andriy Klyuev instructed ministers, heads of Therefore, the absence of proper reaction of Parliament other central executive bodies, Chairman of the Council of and law-enforcement bodies undermines the efficiency, if Ministers of the Autonomous , heads not makes senseless, the Accounting Chamber’s activity. of regional, Kyiv and city state administrations Furthermore, after the “constitutional reform” of 2010 to continue implementation of measures to guarantee the Accounting Chamber lost control of the state budget observance of human rights and freedoms guaranteed by revenues. the Constitution of Ukraine and fulfilment of international commitments in that field assumed by Ukraine” (emphasis Interim investigative commissions, ad hoc interim added – Ed.). The efficiency of such instructions is investigative commissions and interim ad hoc commissions. more than doubtful. In European parliaments the practice of interim investigative commissions is usually created by the opposition and plays After hearing the latest Annual Report in 2012, the an important role for control of the Government’s activity, relevant VR Resolution was not even put to vote. investigation of publicised cases, etc.35 The procedure for (3). Generally speaking, 14 years of Ombudsman’s creation and activity of interim commissions remains not activity had little effect on the rather negative situation legislatively regimented in Ukraine.36 with observance of human rights in Ukraine. The th Commissioner herself admitted that “the situation Historically, the Verkhovna Rada of the 6 convocation 37 with observance and defence of human rights is not formed 44 interim commissions. 39 of them have been improving”.33 It should be added that in the recent years terminated. However, only eight of them resulted in resolutions of the Verkhovna Rada, one was terminated the situation has seriously deteriorated, especially with 38 respect to civil rights and observance of human rights by lapse of powers; the other 30 – “by notice”, in other by law-enforcement bodies, but the Ombudsman and, words – without any result or effect. This even relates to respectively, the Verkhovna Rada proved unable to stop commissions set up in publicised cases: for investigation that process.34 Parliamentary mechanisms for protecting of the circumstances and effects of operation of Livela human rights remain of little effect. company and associated legal entities on the Ukrainian market of petroleum products (worked from May 12 till Accounting Chamber. The Accounting Chamber November 18, 2011), and for investigation of censorship was created in Ukraine in 1996 to control the use of state in mass media, pressure of freedom of speech in Ukraine budget funds on behalf of Parliament. Following the and interference with lawful professional activity of constitutional reform of 2004, the Accounting Chamber journalists (from July 1, 2010, till June 17, 2011). was empowered to control not only the use but also the collection of funds to the state budget. However, Interim investigative commissions’ efficiency was this did not make the Accounting Chamber a really rightfully assessed by the Chairman of the Verkhovna Rada efficient controlling body, due to the formal reaction of Volodymyr Lytvyn, who admitted: “As far as I remember,

32 Monitoring of the first months of work of Valeriya Lutkovska in the Ombudsman position … 33 Annual Report of the Verkhovna Rada of Ukraine Commissioner …, p.19. 34 In particular, neither Parliament nor the Commissioner properly responded to the liquidation of the Department for Monitoring of Observance of Human Rights in the Activity of Bodies of Internal Affairs under the Ministry of Interior in 2010. The Department was established in January, 2008, 40% of the Minster’s aides for human rights were representatives of human rights organisations. 35 See, e.g.: Kokh М., Kanevskyi D. Investigative commissions of Bundestag – a “sharp sward” in the opposition hands. – web site, September 27, 2012, http://www.dw.de (in Ukrainian). Noteworthy, the concerned commission was 39th over the entire post-war period. 36 The first attempt of legislative regimentation took place in 2006 (Bill No.6450 of April 3, 2006). After three presidential vetoes, the Law was cancelled. The Law “On Interim Investigative Commissions, Ad Hoc Interim Investigative Commission and Interim Ad Hoc Commissions” was passed on January 15, 2009, but later returned by the President to the Verkhovna Rada. On March 3, 2009, Parliament overrode the veto. However, the Constitutional Court on the President’s request ruled that Law unconstitutional (Ruling No.20-рп/2009 of September 10, 2009). 37 Currently, there are two commissions whose powers lapsed but that did not present reports: (1) for investigation of actions by officers of bodies of internal affairs during the exercise of the constitutional right to freedom of peaceful assembly by demonstrators on August 24, 2011 (powers lapsed in December, 2011); and (2) for investigation of the situation with Indar CJSC (powers lapsed in April, 2012). There is also the Interim Investigative Commission for investigation of circumstances of violation of the Constitution, the Land Code of Ukraine, other laws of Ukraine and passage of unlawful decisions by the Kyiv City Council in 2007-2010 (effective till December, 2012); the Interim Ad Hoc Commission for preparation of proposals for amendment of the effective legislation in connection with the Constitutional Court of Ukraine ruling of unconstitutionality of the political reform; on matters of the Autonomous Republic of Crimea (effective during the period of work of the Verkhovna Rada of the 6th convocation). 38 See: Interim commissions of VR of Ukraine. – VR portal, http://w1.c1.rada.gov.ua/pls/site2/p_temp_komitis (in Ukrainian).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 13 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE no investigative commission produced any output. There the claimant’s rights were violated, including as a voter”.41 is much talk, political discussion, mutual accusations, This judgment may be extended to election programmes of but no result. The very idea of investigative commissions political parties – even though a programme is an attribute is compromised with us… because… an investigative of a political party, as ensues from the legal definition of commission, as a rule, is aimed at settling scores, not party.42 establishing the truth”.39 The practice shows that parliamentary political All this gives grounds to state that the Ukrainian parties indeed view their election programmes as means Parliament rather formally discharges its controlling of canvassing rather than publicly assumed political functions. Documents prepared by parliamentary commitments that need to be met from the viewpoint of controlling bodies are reviewed and taken notice political responsibility to voters. Respectively, as a rule, of. However, infringers are usually not brought to a small share of those commitments is met. For instance, responsibility, legislation is not improved on the basis according to the results of monitoring of the Verkhovna of those documents. Rada of the 6th convocation in November 2007- December 2011, the average rate of fulfilment of election 1.3. POLITICAL RESPONSIBILITY OF commitments by parliamentary political parties made only PARLIAMENT AND NATIONAL DEPUTIES 13%, and even that share “was largely contributed by Indicators of the level of Parliament’s political the President and the Government”43 (which may prove responsibility to society are deemed to include: fulfilment of the above assumption of Parliament losing its legislative election programmes by parliamentary parties; steadiness initiative). The indices of fulfilment of election promises of the political stand of a national deputy meeting voters’ by each parliamentary party (bloc) are presented on will; observance of the constitutional norm of personal Diagram “Fulfilment of election promises…”.44 voting by a national deputy. Fulfilment of election promises Fulfilment of election programmes by parliamentary by parliamentary parties (blocs), parties (blocs). There is no practice of reporting of number / share fulfilment of publicly assumed political commitments in Met 8 29% Ukraine, in particular, political parties do not report of PR Not met the activity of their parliamentary factions (and national 14 50% deputies elected by their lists to Parliament), first of all – 10 11% BYuT of fulfilment of election programmes and commitments. 56 59% Meanwhile, attempts of legislative introduction 16 26% of such reporting meet resistance of national NUNS deputies themselves. For instance, in 2008, the Bill 35 57% “On Introducing Amendments to the Law of Ukraine 2 3,5% CPU ‘On Political Parties in Ukraine’ (concerning party 46 79 reporting for political and election programmes)” was submitted to the Verkhovna Rada, proposing introduction 4 6% 40 People’s of the practice of annual reports by parliamentary parties. Party 46 72% In April, 2008, the Bill was passed in the first reading. The second reading took place three years later – on April 21, 2011, and when voted in general, the Bill won only Reduction of election programmes to the status of 30 votes. The law was not supported by MPs of the “means of canvassing”, their regular non-fulfilment may discourage voters’ desire to read and assess them majority and the opposition alike. and undermine the sense of elections as a choice of Meanwhile, there appeared a precedent of a “national programme of social development” judicial recognition of such a document as an election Steadiness of the political stand meeting voters’ programme just as “means of canvassing”, fulfilment will. In practice, it means that a national deputy must of which is a right, not a duty of the person that “shaped join the parliamentary faction of the political party the will of voters” using such means. It was the Higher (bloc) by whose list he was elected to Parliament and, Administrative Court of Ukraine Ruling concerning the respectively, bans his migration to another factions. election programme of President Viktor Yanukovych As far back as 2000, a bill on introduction of “Ukraine for the People”. Having termed it “means of amendments to the Constitution of Ukraine providing canvassing” (not a “legislative act”), the Court found no for automatic termination of an MP powers in case of grounds “for recognition of the inaction of the President his withdrawal from the faction of the party (bloc) by of Ukraine unlawful” and did not find “that at the whose election list he was elected to Parliament was exercise of powers of authority of the President of Ukraine, submitted to the Verkhovna Rada; the Constitutional Court

39 Lytvyn is sure that Rada’s investigative commissions only settle scores. – Tyzhden web site, March 16, 2012, http://tyzhden.ua (in Ukrainian). 40 Reg. No.1467 of January 31, 2008; author – MP of Lytvyn’s Bloc Oleh Zarubinskyi. 41 Higher Administrative Court of Ukraine Ruling of July 21, 2011. – Single State Register of Court Rulings, http://www.reyestr.court/gov/ua Review17313305 For reference: on June 23, 2011, consultant-aide to national deputy Yuriy Odarchenko (BYuT-Batkivshchyna), human rights activist Dmytro Ilchenko filed a claim to the President of Ukraine Viktor Yanukovych in connection with “inaction of the head of state at fulfilment of his election promises”. 42 “…Political party… is an association of citizens – adherents of some nation-wide programme of social development”. – Article 2 of the Law “On Political Parties in Ukraine”. 43 Monitoring was performed by Open Society Foundation NGO. See: Next to last credit: work of factions in the Verkhovna Rada of Ukraine (November 2007 – December 2011). – Parliamentary Information Analytical Newsletter, 2012, No.1, p.2-28. http://www.deputat.org.ua/files/1330351701.pdf (in Ukrainian). 44 Source: Ibid., p.18.

14 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PARLIAMENTARISM IN UKRAINE: INSTITUTIONAL SUPPORT, STATE AND TRENDS recognised that norm constitutional,45 and on July 10, “faction voting”, etc. – failed. Noteworthy, such attempts 2001, the bill was passed in the first reading. have been obstructed by national deputies themselves. Creation of the parliamentary majority in 2010 only However, the second reading never took place, aggravated the situation. According to the results of a and said norm was included in the Constitution with survey performed by Chesno public movement, 424 the constitutional reform of 2004.46 Also in 2008, the (over 94%) national deputies violate the constitutional Constitutional Court defined MP membership in a faction requirement of personal voting.52 not as his right but as a duty.47 The presence of that norm in the Constitution and the stand of the Constitutional Therefore, at present, the opinion of voters is Court provided kind of safeguard against “inter-faction unimportant for the absolute majority of national migration” but did not solve the problem of political deputies voting in Parliament. Political responsibility unity within factions. “Inter-faction migrations” became of a national deputy is actually reduced to responsibility especially spread after the “constitutional antireform” to his faction or group, and of the latter – to of 2010 that removed that norm from the Constitution, responsibility to party (group) leaders and their sponsors. and amendments to the Law “On the Verkhovna Rada of 1.3. PERCEPTION OF PARLIAMENT Ukraine Procedures” that allowed formation of non-party AND RESULTS OF ITS ACTIVITY parliamentary groups. BY THE PUBLIC AND EXPERTS According to the results of a survey performed by Efficiency of Parliament’s work, lack of transparency Chesno public movement, there are 76 MPs in the Verkhovna and clarity of its activity for society, reluctance of MPs Rada of the 6th convocation not meeting the criterion of to reckon with citizens’ needs and demands are well 48 “steadiness of the political stand meeting voters’ will”. illustrated by numerous negative comments in mass This is almost 17% of the Verkhovna Rada members, media and acute reaction of society to the adoption of which gives grounds to assert: the political structure “unpopular” and highly controversial legal acts – protests of the current Ukrainian Parliament is deformed and climaxed by the Tax Maidan and erection of a metal fence does not meet the will of voters demonstrated in 2007. around the Verkhovna Rada. The negative perception of VR-6 does not adequately perform its representative activity of the Verkhovna Rada was also manifested in function. Growing incidence of “inter-faction migration” the results of public opinion and expert polls.53 and juicy scandals accompanying some of them may witness the spread of political corruption and growth Public support for Parliament’s activity. According to the results of public opinion polls held since 2000, full of outside influence on Parliament.49 public support for the Ukrainian Parliament’s activity Personal voting by national deputies. The in that timeframe rarely exceeded 10%. Peaks of full requirement of personal voting by an MP originates from support clearly correlated not even with parliamentary but the very representative nature of parliament: voting, an with presidential elections: for instance, in February, 2005, MP translates the will of his voters. The norm of personal full support for Parliament’s activity hit 28%, in voting of a national deputy of Ukraine is provided in April-May, 2010 – 17% and 19%, respectively. Later on, the Constitution (Article 84) and confirmed by the with public disappointment in a new ruling team, the Constitutional Court of Ukraine.50 However, actually all rate of full support and, respectively, support for separate convocations of Parliament saw the practice of voting with steps was declining, and the number of those who did cards of others. With the introduction of the proportional not support the VR activity at all was going up. election system that practice became especially spread, Since the presidential elections and formation of involving “faction voting” – one MP voting with his card a pro-presidential majority in VR-6, full support for and several cards of his fellow party comrades. A survey Parliament’s activity has fallen from the mentioned conducted by the Parliamentary Development Project 19% in May, 2010, to 4% in August, 2012; support for for Ukraine in February-April, 2009, showed that MPs separate steps decreased from 40% in March, 2010, to 35% deciding how to vote mainly followed the opinion and in August, 2012. Meanwhile, the number of those who do 51 recommendations of the faction leadership. Factions vote not support Parliament’s activity at all increased from 37% coherently, therefore, personal voting and even presence in April, 2010, to 54% in August, 2012. Noteworthy, in of an MP in his working place in the session hall lose sense. some periods of Parliament’s activity during the office All attempts to stop the practice of voting with of Viktor Yanukovych their number reached 63-67% cards of others – introduction of the advanced sensor (September-November, 2011) (Diagram “Do you support system of count of votes Rada-3, legislative regimentation the activity of the Verkhovna Rada of Ukraine?”, p.16). of that issue, entitlement of MPs to apply to the Assessments of Parliament’s activity. In June, Constitutional Court in case of adoption of a law by 2012, the overwhelming majority (75%) of citizens

45 Bill “On Introducing Amendments to the Constitution of Ukraine”, reg. No.6254 of December 1, 2000, http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_ 1?pf3511=9428; Constitutional Court of Ukraine Ruling No. 2-in/2001 of July 4, 2001, http://zakon2.rada.gov.ua/laws/show/v002v710-01 (in Ukrainian). 46 See: Constitution of Ukraine (in the wording of 2004), Article 81, Part 2, Paragraph 6. 47 See: Constitutional Court of Ukraine Ruling No.12-рп/2008 of June 25, 2008 – Verkhovna Rada of Ukraine web site, http://zakon2.rada.gov.ua/laws/show/ v012p710-08 (in Ukrainian). 48 See: Taran, S. “Turncoat”-mania of Ukrainian politics. – Ukrayinska Pravda, September 25, 2012 (in Ukrainian). 49 See, e.g.: Zabzaliuk: corrupt scandal in Rada. – Liga-Novosti web site http://news.liga.net/themes/603756-korruptsionnyy_skandal_v_rade.htm (in Ukrainian). 50 Ruling No.11/98 of July 7, 1998 – Verkhovna Rada web site. 51 See: Sixth poll of national deputies of Ukraine. – Parliamentary Development Project for Ukraine (PDP ІІ), 2009, p.8-35 (in Ukrainian). 52 See: Fairness meter update: in brief. – Chesno movement web site, August 7, 2012, http://www.chesno.org (in Ukrainian). 53 For more detail and summary results of polls in tables and diagrams see: national public opinion polls – Section 4 of this Report; expert poll – the material “Experts on Parliament and parliamentary elections in Ukraine”.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 15 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE 54.1

6.5 August 2012 4.4 35.0 28.6 60.2

4.4 February 2012 6.8

3.6 December 2011 5.4 66.6 24.4 6.0

4.1 September 2011 62.7 31.7

27.2 April 2011 5.5 5.3 57.5 7.6

7.1 February 2011 31.9 53.4

6.5 November 2010 11.0 40.1 50.1 32.3 October 2010 7.5 8.1

38.9 August 2010 5.9 44.2 44.3

35.5 May 2010 6.6 10.9 19.3

38.7 April 2010 8.1 VR Chairman 36.8 6.3 16.6 45.6

Volodymyr Lytvyn March 2010 38.5 1.5 7.6 40.4 December 2009 29.7 64.3 October 2009 2.2 35.9 58.6 3.2 July 2009 2.8 4.5 4.5 66.2 26.5 Hard to say

1.7 April 2009 3.5 61.4 33.4 26.8

2.3 March 2009 70.3

0.6 December 2008 4.9 55.8 24.4 34.0 69.3

1.4 June 2008 5.2 4.9 51.9 39.9 March 2008 5.5 2.7

7.1 February 2008 54.4 6.4 32.1 Arseniy 39.0 39.4 Yatseniuk December 2007 VR Chairman 9.0 12.6 September 2007 5.2 38.4 51.2 5.3

44.644.6 April 2007 5.6 Do not support 10.5 39.3 February 2007 5.0 5.3 45.1 40.3

6.2 December 2006 7.9

VR Chairman October 2006 5.7 45.6 4.3 37.3 52.6 42.0 43.1 Oleksandr Moroz

8.0 September 2006 6.9 May 2006 5.2 11.4 42.4 41.0 January 2006 8.1 7.5 45.6 38.7

8.0 November 2005 5.7 51.6 40.1 September 2005 6.2 10.7 46.2 31.5 % of citizens polled 12.1

8.5 August 2005 52.4 18.3 26.9 June 2005 10.2 20.6 47.1 24.3 April 2005 9.3 47.6

22.4 February 2005 8.9 28.0 43.9 19.2 December 2004 49.0 8.5 37.4 7.0 13.6 October 2004 28.9 9.3 46.3 4.9 43.8

4.7 September 2004 VR Chairman 6.4 46.6 Volodymyr Lytvyn June 2004 5.1 50.4 38.1 Do you support the activity of Verkhovna Rada Ukraine?

6.9 February 2004 3.4 40.6 49.0

40.7 September 2003 44.3 8.5 6.5 August 2003 4.5 7.7 42.1 45.7

Support entirely Support some steps April 2003 6.3 39.5 8.1

46.1 February 2003 5.0 48.4 39.7 6.9

40.3 November 2002 46.8 42.0 6.5 September 2002 8.9 4.0 45.1 May 2002 41.0 10.7 6.4 6.4 41.9

47.6 February 2002 4.9 6.9 40.6 December 2001 6.6 4.3 41.6 47.5 August 2001 6.8 6.3 44.9 May 2001 42.0 4.4 6.5 52.1 37.0

8.2 February 2001 5.5 VR Chairman Ivan Plyushch October 2000 7.2 44.1 42.2 7.0 34.6 51.2

35.3 April 2000 48.0 8.4 8.3 80 70 60 50 40 30 20 10

16 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PARLIAMENTARISM IN UKRAINE: INSTITUTIONAL SUPPORT, STATE AND TRENDS reported dissatisfaction with Ukrainian Parliament’s noted by only 9% of citizens (fifth). Among the factors activity54 (from 88% in the Centre to 60% in the South); of influence, “citizens and their political priorities” satisfaction with its work was reported by only 12% of ranked last (seventh), noted by only some 3% of those those polled (from 22% in the South to 3% in the West). polled. There were actually no regional differences in Meanwhile, assessments strongly differ dependent on assessments here. respondents’ electoral preferences: satisfaction with the work of the Verkhovna Rada of the 6th convocation was By electoral preferences, influence of a national reported by 42% of potential voters of the Party of Regions, deputy’s convictions on his decisions is assessed a bit and only by some 3% of Batkivshchyna, 8% of “Ukraine – higher by potential CPU voters who ranked that factor Forward!”, 12% of CPU. Not a single voter of Svoboda and third (on a par with Parliament leadership); meanwhile, not UDAR gave an affirmative answer (Table “Are you satisfied a single respondent in that group mentioned citizens and with the activity of the Verkhovna Rada of Ukraine?”, p.81). their political interests as factors influencing decisions of a national deputy. Potential PR voters ranked parliamentary The expert community is even more critical than factions and their leaders first (23%), oligarchs – second rank-and-file citizen of the work of the Verkhovna (16%), convictions of a national deputy – third (14%) Rada of the 6th convocation: 83% of the polled experts (diagram “Who does most of all influence decisions of a were not satisfied with its activity, and only 10% – national deputy in the Verkhovna Rada of Ukraine?”, p.18). satisfied. Nearly 7% of experts remained undecided (diagram “Are you satisfied with the activity of the Experts’ opinions on differences among the key Verkhovna Rada of Ukraine?”). parliamentary political forces. Experts were asked about differences in election programmes of the key Speaking of actors or factors exerting dominant parliamentary political forces and the nature of their influence on decisions of national deputies in the activity in the Verkhovna Rada of the 6th convocation Parliament, citizens ranked oligarchs first (30%; from in 2010 and 2012. First, the experts’ opinions are now 37% in the West to 21% in the South), parliamentary more definite. Specifically, this year, no expert found it factions and their leaders – second (19%; from 34% “hard to say” – while in 2010, for election programmes in the South to 14% in the East), Ukraine’s President – they made 7%, for the nature of their activity – 6%. Second, third (11%; from 17% in the West to 3% in the South). differences in activity of the main political forces as seen Convictions of a national deputy, his own opinion by experts became more evident, which is quite logical, as the dominant factor influencing his decisions were given the practice of Parliament’s work since 2010.

Are you satisfied with the activity of the Verkhovna Rada of Ukraine? % of citizens polled

UKRAINE 2010 2012 AGE 2011 9.7 75.3% 15.0 2012 1829 58.5% 77.5% 75.3% 3039 9.0 79.5% 11.6

4049 12.5 76.2% 11.3 26.5% 5059 11.3 73.6% 15.1 15.0% 11.9% 13.4% 12.7% 9.0% 60 and over 16.0 72.6% 11.4 Yes No Hard to say Yes No Hard to say REGIONS 2012 West Centre 2012 PARTY AFFILIATION 2.5% 3.4% Batkivshchyna 94.1%

0.0% 1.7% Svoboda 98.3% Yes Yes No No 3.3% 7.1% 86.4% 87.5% CPU 11.6 75.0% 13.4% Hard Hard to say to say 10.3% 5.4% Ukraine – Forward! 7.9 76.3% 15.8% South East

Party of Regions 42.4% 36.8% 20.7%

0.0% UDAR 93.6% 6.4 Yes Yes No No 21.9% 17.2% 59.8% 63.8% Hard to say 4.9 76.5% 18.7% Hard Hard to say to say 18.3% 19.0% Yes No Hard to say

54 Noteworthy, in 2010, the ratio between the dissatisfied/satisfied groups was different: 56% against 27%, respectively.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 17 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

Who does most of all influence decisions of a national deputy in the Verkhovna Rada of Ukraine? % of citizens polled

Chernihiv 30.4% UKRAINE Lviv Rivne Sumy Zhytomyr Lviv KYIV Kharkiv Ternopil Poltava Khmelnytskyi Vinnytsya Cherkasy Ivano frankivsk Uzhhorod 19.2% Kirovohrad Dnipropetrovsk

Zaporizhya

Mykolayiv 11.1% 10.5% 9.9% Odesa 8.6% Kherson 6.7% 2.8% 0.9%

Oligarchs Parliamentary President Leadership Personally Parliamentary Citizens, Other Hard to say factions, their of Ukraine of the a national deputy committees their political leaders Verkhovna Rada of Ukraine, priorities of Ukraine his convictions

REGIONS AGE PARTY AFFILIATION CPU East over West Party South UDAR 18-29 40-49 50-59 30-39 Centre 60 and Forward! Svoboda Ukraine – of Regions Hard to say Batkivshchyna Oligarchs 36.8 34.2 20.6 27.4 32.6 30.8 30.9 28.0 29.3 41.6 37.9 28.8 32.4 15.8 36.3 25.2 Parliamentary factions, their leaders 18.5 17.6 34.0 14.2 19.2 20.5 20.1 20.1 17.1 16.1 17.2 26.1 14.9 22.6 20.4 18.1 President of Ukraine 16.7 9.9 2.6 11.1 9.5 9.5 9.3 12.0 12.0 13.2 20.7 7.2 9.5 8.8 12.1 8.0 Leadership of the Verkhovna Rada of Ukraine 8.5 12.2 8.5 9.0 9.7 11.2 9.9 9.9 9.0 11.0 6.9 9.9 12.2 9.3 10.8 9.8 Personally a national deputy 6.9 9.8 7.5 9.0 8.8 8.1 8.5 7.6 9.4 5.4 3.4 9.9 10.8 14.4 7.6 9.5 of Ukraine, his convictions Parliamentary committees 2.6 4.6 18.0 5.9 6.6 4.9 6.7 8.5 6.7 3.2 1.7 7.2 10.8 11.2 5.1 7.1 Citizens, their political priorities 1.8 2.3 2.0 4.1 2.9 2.6 4.4 1.7 2.4 2.2 1.7 0.0 0.0 6.7 1.9 1.8 Other 0.0 2.2 0.3 0.5 0.2 1.7 0.3 1.7 1.0 0.5 0.0 0.0 1.4 0.7 0.6 2.5 Hard to say 8.3 7.1 6.5 18.8 10.6 10.7 9.9 10.5 13.2 6.8 10.3 10.8 8.1 10.4 5.1 18.1

Assessing differences in the nature of activity of • in the security and defence sector – 36% and the main political forces, 42% of experts now called 47%, respectively; those differences “noticeable” – against 39% in 2010. • in the social policy – 37% and 45%, respectively; Meanwhile, the number of experts, who believe that there is “small difference”, substantially increased: from 20% • in the policy of wages, personal taxes, individual in 2010 to 32% in 2012. The number of experts, who incomes – 46% and 36%, respectively; see no particular difference in the nature of activity • in prices and rates for households – 42% and of the key political forces in Parliament, decreased 32%, respectively; accordingly – from 35% to 26%. (2) expert assessments of “notable difference” Recognition of differences in the activity of the main little changed with respect to: political forces apparently influenced the assessments of differences in their election programmes that, • foreign policy (60% in 2011 and in 2012); naturally, did not change. However, their perception • legal policy (55% and 56%, respectively); did change: this time, assessing differences in election • economic policy in general (41% and 43%, programmes, a third of experts called the difference respectively). “noticeable” – against 22% in 2010; the difference in programmes was termed “small” by 43% of experts – The above gives grounds for the following conclusions. against 49% in 2010. 24% of experts saw no particular The attitude of citizens and experts to Ukrainian difference in programmes, against 22% in 2010 (Table Parliament’s activity is not too good. However, after the “How strong are the differences among the key political constitutional “anti-reform” it substantially deteriorated. forces…?”, p.82). Full public support for Parliament’s activity is critically low – 4%. The overwhelming majority of the public Experts were asked about the difference between the and experts alike are dissatisfied with the Verkhovna ruling parliamentary majority and political forces that Rada work and believe that it in the first place defends claim to be opposition in separate policy sectors in 2011 interests of representatives of big business, shadow and in 2012. Compared to the first poll, expert assessments dealers and heads of state authorities. Experts, now, see changed as follows: greater differences between the main parliamentary (1) according to experts, difference became notable: political forces (the majority and the opposition) in the policy they pursue in humanitarian, security and • in the humanitarian policy: in 2011, “notable” social sectors, and smaller differences – in the policy difference was reported by 57% of those polled, in of wages, individual incomes, personal taxes and issues 2012 – by 65%; of prices and rates for households.

18 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 2. UKRAINE’S 2012 PARLIAMENTARY ELECTIONS: LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS

peculiar feature of the Ukrainian elections is that they are often held under a new Law (Box A “Electoral legislation in Ukraine”). Ukraine’s 2012 Parliamentary Elections – to be held under the new Law “On Election of National Deputies of Ukraine” adopted on November 17, 2011 – are no exception. Additionally, on July 5, the Ukrainian Parliament adopted the Law “On Peculiarities of Ensuring Openness, Transparency and Democracy of National Deputies of Ukraine Election on October 28, 2012”.1 This section examines some fundamental provisions of these laws and their potential impact on the 2012 Parliamentary Elections.

2.1. LEGAL FRAMEWORK FOR ELECTORAL LEGISLATION IN UKRAINE THE 2012 PARLIAMENTARY ELECTIONS The conduct of almost every election under a new election law The Law “On Election of National Deputies of is a poor tradition of the national electoral process. Thus, changes to the electoral legislation are characterised by several common Ukraine” (hereinafter: the new electoral Law) contains features, namely: a number of new fundamental provisions regarding • every new electoral law is passed amid tough political the electoral system, the threshold for gaining mandates, struggle; the participants of the electoral process, the staffing • the new electoral law was adopted close to elections; procedure for election commissions and some separate • each time, the new law brings serious changes to the electoral procedures (Box “Key provisions of the new electoral system and electoral procedures; Law ‘On Election of National Deputies of Ukraine’’’, p.20). • as a rule, the electoral procedures provided by the law see some major adjustments during the electoral process.2 Electoral system. According to the new Law, the One should note, it has been the fourth time during the period elections will take place in a mixed parallel electoral of Ukraine’s independence that the electoral system for parliamentary representation has been changed: the elections of 1990 and 1994 (proportional-majoritarian) system: 225 MPs are were held under the majoritarian electoral system, 1998 and 2002 elected through a proportional representation in a elections – under the mixed system, the elections of 2006 and nationwide multi-member district and 225 MPs are 2007 – under the proportional one. elected through first-past-the-post elections in single- Frequent and unreasonable changes of the electoral legislation, first of all, are inconsistent with international principle of stability member districts. As before, the proportional elections of the electoral system and electoral law.3 rest on closed party lists. Secondly, such changes undermine the formation of well- established campaign practices, affect the organisation and The adoption of the Law has marked a new stage in execution of elections as well as make citizens unaware of election the evolution of the national electoral system, for it meant procedures, their electoral rights and the liability of all involved in the process in case they violate electoral laws. Thirdly, it leaves space a return to the mixed system already used in Ukraine 4 during the elections in 1998 and 2002. for abuses during election campaigns.

1 The bills were submitted, respectively: by the Chairman of the Temporary Ad Hoc Commission of the VR for Drafting the Law of Ukraine on Election of National Deputies Ruslan Kniazevych (reg. No.9265 of November 17, 2011); national deputy Vladyslav Zabarskyi (PR faction) (reg. No.10681 of July 2, 2012). 2 For more detail see: Melnyk, M. Problems of organisation of preparation and conduct of parliamentary and local elections in 2006 – Bulletin of the Central Election Commission, Kyiv, 2006, No.3, p.24-29 (in Ukrainian). 3 Europe’s Electoral Heritage. – Materials of the Venice Commission, Parliamentary Assembly, Committee of Ministers, Congress of Local and Regional Authorities of the Council of Europe (translated from English, edited by Klyuchkovskyi, Yu.), Kyiv, 2009, p.82. 4 For more detail see: Elections 2006: conditions, actors, and implications. Razumkov Centre analytical report. – National Security & Defence, 2005, No.10, pp.27-34.

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KEY PROVISIONS OF THE NEW LAW “ON ELECTION OF PEOPLE’S DEPUTIES OF UKRAINE” Publicity of election commissions’ work. CEC meetings may be of a crime; (7) breach of requirements regarding the procedure of attended by: party representatives; candidates for national deputies, nomination of candidates for national deputies; (8) the election their agents, authorised persons of parties; official observers from commission’s detection of circumstances that deprive the nominated public organisations, foreign states and international organisations; candidate of the right to be elected to Parliament. media representatives. Canvassing. Canvassing ends at 24 hours of the last Friday before DEC and PEC meetings, including on the voting day in the voting the voting day. After that, local executive bodies and local self- premises, may be attended by: members of higher level election government bodies remove canvassing materials. On the eve of the commissions; candidates for national deputies, their agents, voting day and on the voting day, canvassing is prohibited.* authorised persons of parties; official observers from election process participants; official observers from foreign states and international Canvassing is performed at the expense of state budget funds organisations; mass media representatives. and election funds of election process participants. Use of funds from other sources is prohibited. Support for any public events by election A resolution passed by a DEC or PEC is displayed on the stand process participants or arrangement of events in their support are of official materials of the commission not later than the morning allowed only in case of funding of those events out of the election after the day of its adoption; adopted on the eve of the voting fund of an election participant. day – on the voting day, during count of votes and establishment of voting results – not later than four hours after the end of the election Election process participants are guaranteed equal conditions of commission meeting. access to: printed media; air time; premises of all forms of ownership for canvassing events. Provision of space or premises to one election Early termination of powers of DEC and PEC members. Powers of participant obliges the owner to give the same opportunities to all DEC or PEC members are terminated ahead of time by the election other participants. commission that formed it in connection with: a personal request; request for replacement of an election commission member by the Local executive bodies, local self-government bodies are to nominator; refusal to take oath; violation of oath by a commission arrange stands and bulletin boards in places allocated for placement member, manifested in regular breach of the vested duties certified of canvassing materials by election process participants. with not less than two decisions of the election commission on CEC manufactures information posters of parties and candidates that subject; a single gross violation of Ukraine’s legislation on for national deputies registered the in nation-wide district (two elections established by a court ruling or by a decision of the election copies per polling station). A poster is to contain: the party election commission of a higher level; effectiveness of a court verdict of his programme, the party election list, photographs of the first five guilt for commitment of a grave or especially grave crime or a crime candidates. against election rights of citizens, etc. DEC manufactures information posters (2,000 copies each) Voter lists. Bodies keeping the State Register of Voters draw up of candidates in single-member constituencies (the candidate’s preliminary lists of voters for ordinary polling stations. The PEC of biography, election programme and photograph). an ordinary polling station sends a personal invitation to each voter not later than 15 days before the voting day. Voters unable to move Election process participants are obliged to present to CEC one are informed that they can vote at the place of stay. A voter may turn copy of each printed canvassing product produced at the expense to a PEC or to the body keeping the State Register of Voters with of the election fund; it must contain data of the customer of those a request for his or other persons’ inclusion into or exclusion from materials, the printing agency, circulation, data of the persons the list. An administrative claim for verification of a voter list may be responsible for the issue. filed to court. On the voting day, changes in the verified voter list are made only pursuant to a court ruling. TV and radio companies grant each party – election process participant air time for canvassing at the state budget expense Election funds. For the campaign funding, a party whose candidates (60 minutes each on national TV and radio channels, 20 minutes for national deputies are registered in the nation-wide district and a each on regional TV and radio channels in each region). Candidates candidate for national deputies in a single-member constituency are in single-member constituencies are granted 20 minutes each on obliged to create election funds. Funding of canvassing events or relevant TV and radio channels. materials of election process participants from outside of election funds is prohibited. Election funds are created at the expense of It is prohibited: own funds and individual voluntary contributions (not more than 400 • to take part in canvassing: for foreigners, apatrides; executive minimum wages – to the election fund of one party and 20 – of a bodies, bodies of power of the Autonomous Republic of Crimea, local candidate for national deputies in a single-member constituency). self-government bodies, law-enforcement bodies and judges; in work Own funds of election process participants are not limited in terms time – executives and officials of executive bodies, bodies of power of amounts and the number of remittances. It is prohibited to make of the Autonomous Republic of Crimea, local self-government bodies, voluntary contributions for foreigners, apatrides, anonymous donors. law-enforcement bodies and judges; election commission members; Caution and cancellation of registration of a candidate for • to canvass in foreign mass media active on the territory of national deputies. CEC may caution an election process participant, if Ukraine and registered in Ukraine mass media, where the share of a court considering an election dispute establishes facts of: bribery of foreign ownership exceeds 50%; voters or election commission members; issue of monies to voters, institutions, establishments, organisations or election commission • to use premises of state power bodies, bodies of power of the members or free or preferential provision of goods, works, services, Autonomous Republic of Crimea, local self-government bodies for securities, credits, lottery tickets, other material values (indirect canvassing; bribery) during the election process; use of other funds by a candidate • to place canvassing materials and political advertising on for national deputies or a party funding canvassing, except the election buildings and within premises of bodies of state power, bodies of fund; abuse of office; breach of canvassing restrictions, including power of the Autonomous Republic of Crimea, local self-government canvassing after 24 hours of the last Friday before the voting day. bodies, enterprises, institutions and organisations of state and The law provides an exhaustive list of reason for cancellation of municipal ownership, as well as objects of the cultural heritage; registration of a candidate for national deputies. CEC takes a decision • for authors and narrators of TV and radio programmes who to cancel registration of a candidate for national deputies in case of: are candidates for national deputies – to canvass in TV and radio (1) application of a candidate not later than 12 days before the voting programmes; to place political advertising in one block with day with a written declaration of refusal to run; (2) application of a commercial and social advertising; party not later than 12 days before the voting day for cancellation of the decision of registration of a candidate for national deputies; • to place political advertising media outside and inside public (3) termination of the candidate’s Ukrainian citizenship; (4) departure transport, within premises and on buildings of metro stations, bus of a candidate outside Ukraine for permanent residence or for getting and railway stations, ports and airports; to disseminate canvassing political asylum; (5) ruling a candidate incapable; (6) effectiveness materials in TV and radio broadcasting or other information networks of a court verdict of a candidate’s guilt of intentional commitment for passenger notice and display panels in public transport;

* For more detail on journalist and mass media rights in the election process see: Dorosh, M. Mass media and parliamentary elections: a legal memo. – MediaSapiens, July 17, 2012, http://osvita.mediasapiens.ua/material/8335 (in Ukrainian).

20 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS

Politicians and experts differently assess the return • to spread in any form materials with calls for liquidation of Ukraine’s independence, violent change of the constitutional to the mixed electoral system. Some view it as a setback system, violation of the country’s sovereignty and territorial in the development of the electoral system, others – as a integrity, subversion of its security, unlawful seizure of state power, step forward, since such a system draws MPs closer to propaganda of war, violence and instigation of ethnic, racial, national, religious enmity, encroachment on human rights and voters and makes them more responsible. Some – since freedoms, public health; the Law was supported by MPs both loyal and opposed • to spread data of an election process participant the untrue or to the government – see it as a compromise between the slanderous nature of which was established by court; • to perform canvassing accompanied with issue of monies authorities and the opposition, which secures their key to voters, institutions, establishments, organisations, free or political interests at the 2012 elections.5 preferential provision with goods (party symbols should not exceed 3% of minimum wages), services, works, securities, credits, lottery When analysing the circumstances surrounding tickets, other material values (indirect bribery of voters); each subsequent change of the electoral system one • for candidates for national deputies – to use for canvassing any facilities and resources at the place of work, service or production can ascertain that such changes were effectively driven meetings, collective meetings, and to employ for canvassing or by political interests – primarily on the part of the any activities related with it: executives and officials of bodies of authorities. This fully applies to changes of the electoral state power, other state bodies, bodies of power of the Autonomous Republic of Crimea, local self-government bodies, subordinate system before the 2012 elections – according to experts’ persons at the place of work (in work hours); forecasts, the mixed electoral system will guarantee • to produce and spread printed canvassing materials without far more parliamentary seats to the authorities data of their customer, the printing agency, circulation, data of the persons responsible for the issue. than they would have had under the proportional Voting. Held from 8.00 till 20.00 without a break. A voter signs system. for the receipt of voting ballots in the voter list and in the assigned place on control slips of voting ballots for voting in the nation-wide district and a single-member constituency. Transfer of voting ballots DUBIOUS PROVISIONS OF THE LAW to other persons is prohibited. “ON ELECTION OF NATIONAL DEPUTIES OF UKRAINE” Immediately after the end of voting, a PEC shall give to the DEC preliminary data of the number of voters entered into the list of Dual candidacy. Initially, the Law provided a candidate with the voters at the polling station by the end of voting, and the number right to stand both in a single nationwide district and a single-mandate of voters who obtained voting ballots at the polling station by the district. end of voting. After the receipt of those data from all PECs, a DEC transfers all preliminary data to CEC. However, following an application by 51 national deputies of Summary reports. Reports of count of votes at a polling station Ukraine (representing the parliamentary majority), the Constitutional in nation-wide and a single-member constituencies are drawn up Court (CC) termed those provisions of the Law unconstitutional, by a PEC in accordance with the form established by the law, in the number of copies by four greater than the number of its members. as they did not ensure equal influence of votes on the election results, Candidates for national deputies, their agents, authorised which was inconsistent with the constitutional principle of equal persons of parties, official observers from parties, candidates and suffrage. Therefore, the provisions of the new Law allowing for “parallel public organisations that were present at count of votes at a polling standing” lost their validity after the ruling of the CC.6 station, copies of reports of count of votes at a polling station, with the “Verified” mark are issued immediately on their request, Noteworthy, before the adoption of the Law (November 17, certified on each page by the PEC head and secretary and with the 2011), the Constitutional Court had already made a ruling on a similar election commission seal. matter – a virtually identical provision of the Law “On Election of Reports of count of votes within a single-member constituency in the nation-wide and a single-member constituency are drawn up National Deputies of Ukraine” of September 24, 1997 was termed by the DEC in the number of copies by three greater than the number unconstitutional by the CC in 1998.7 Hence, the Parliament had no of its members. legal (constitutional) grounds to allow the dual candidacy in the new An authorised person of a party, an official observer from a election law in the first place. On this basis it may be assumed that party, public organisation on his request is immediately issued a amendments to the Law were nothing but a political compromise copy of the DEC report of voting results within a single-member constituency. between the authorities and the opposition, which was soon broken Invalidation of voting at a polling station. A PEC can invalidate by a decision of the CC (quite an expected outcome for the national voting at a polling station in case of: politics). (1) detection of facts of unlawful voting in the quantity exceeding 10% of the number of voters who obtained voting ballots; The allocation of polling stations abroad to all single-member (2) destruction or damage of election boxes (box) ruling out election districts of Kyiv. Article 22 (Part 2) of the new election establishment of the content of voting ballots, if the number of those Law provided for an even allocation of polling stations abroad to ballots exceeds the number of voters who obtained ballots by 20%; all single-member election districts established on the territory of (3) detection in voting boxes of ballots for voting in the nation- Ukraine’s capital – the city of Kyiv. wide or a single-member constituency in the quantity exceeding the number of voters who obtained the respective voting ballots by Following an application by 59 national deputies, the CC termed more than 10%. those provisions unconstitutional, in particular, because such A DEC may rule voting at a polling station invalid only in case of: detection of the above-mentioned circumstances during a repeated allocation led to a large increase in the number of voters not related count of votes at the concerned polling station, as well as detection with Kyiv’s territorial community, and therefore, “does not guarantee of facts confirmed with a court ruling of intentional creation of expression of the will of the voters living on the territory of the city obstacles for the exercise of powers by election commission of Kyiv”. The said provisions lost effect after the passage of the members on the eve or on the voting day, or during count of votes, 8 intentional unlawful non-admission to or expulsion from voting Court’s ruling. premises or premises for count of votes of persons entitled to be there in accordance with the law. 5 A DEC is obliged to establish voting results in the nation-wide The new election law: back to the future, or a compromise? – ForUm web district within the boundaries of a single-member constituency site, November 24 2011, http://ua.for-ua.com (in Ukrainian). and in a single-member constituency irrespective of the number 6 CC Ruling No.8 of April 5, 2012, in the case of nomination of candidates of polling stations where voting was ruled invalid. Invalidation of for national deputies of Ukraine under the mixed election system. voting in the nation-wide district within the boundaries of a single- 7 CC Ruling No.02/3600 of February 26, 1998, in the case of election of member constituency and in a single-member constituency is not national deputies of Ukraine. allowed. CEC is obliged to establish results of election of parliament 8 members in the nation-wide district irrespective of the number of CC Ruling No.7 of April 4, 2012, in the case of even allocation of polling polling stations where voting was ruled invalid. stations abroad to all single-member polling stations established on the territory of Ukraine’s capital – the city of Kyiv.

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The increased . An important Video monitoring. The elections of 2012 will novelty of the new electoral Law that will directly bring one more serious novelty that, according to its influence the composition of Parliament is presented promoters, is to provide for implementation of such by the increase of the electoral threshold for parties principles of the election process as publicity and from 3% to 5%. Noteworthy, the threshold set at transparency. This refers to installation of video cameras parliamentary elections in 2006 and 2007 had an at polling stations or, rather, the use of video monitoring, opposite trend – it was reduced from 4% to 3%. recording and broadcasting to oversee the organisation and Back then, it was intended to make representatives vote counting at polling stations. This is provided by the of smaller political parties and MPs elected in Law “On Peculiarities of Ensuring Openness, Transparency single-member constituencies who planned to set up and Democratic Nature of Election of People’s Deputies new (or lead the existing) political parties to vote for the on October 28, 2012”.11 Law. Back then, the political community heatedly debated 9 The state and PR leaders (the Prime Minister Mykola that change. Azarov and the Head of the Regions Party parliamentary Before the adoption of the new election Law, faction ) explained such a need by politicians and experts also discussed the electoral the presence of information on the opposition getting threshold, but in view of the political situation and clear ready to accuse the authorities of electoral fraud.12 domination of the ruling majority in the Parliament, Presidential elections in Russia this year were mentioned that discussion was not as heated as the previous one. as a successful international experience of video The assessments of the new threshold level were also monitoring of the voting process. quite expected: representatives of the authorities saw Lawmakers and representatives of the current 5% as the optimal option meeting the European norms; authorities see only gains from the new election representatives of the opposition sometimes called procedure. According to their statements, the real-time threshold overstated, since it bars ideological parties operation of video cameras at polling stations, possibility that do not enjoy broad support of the Parliament; many to view the voting process online, recording, storage and experts view the 5% threshold as a compromise between the possibility to obtain a video recording of the whole the Party of Regions (PR) and the largest opposition forces process of vote counting at polling stations on request (as a result, the parliamentary majority in the Parliament provide a practical mechanism that contributes to a fair of the 6th convocation got the electoral system it and transparent conduct of elections.13 wanted).10 None of the proposals to raise the electoral threshold was backed with convincing arguments. After Meanwhile, representatives of the opposition, experts all, there could not be any, given that the 3% threshold and journalists note serious defects of this legislative existing just for a few years – a term too short to see its novelty and risks of its application. In their opinion, pros and cons. The increase of the electoral threshold in reality, it means not the guarantee of transparent looks even more dubious, since it concurred with a and fair elections by the authorities but creation of an legislative ban on forming the electoral blocs. illusion of transparency (let alone the possibility of spending vast budget funds)14 – as it happened Ban on forming electoral blocs. According to during the 2004 presidential elections, when transparent the majority of experts, that ban has clear political election boxes advertised by the then CEC Chairman implications and is beneficial to the current government. Serhiy Kivalov did not secure elections from large-scale The thing is that in that way, the authorities could: first, falsifications during voting process, vote counting and prevent an alliance of opposition forces from taking part tabulation.15 in elections; second, remove from elections the blocs of Volodymyr Shapoval, the current Head of the parties that are well known in the society – first of all, CEC, ambiguously assessed the introduction of video Yuliya Tymoshenko’s Bloc. As a result, this undermines surveillance, noting that nobody had consulted with the chances of opposition parties (especially of those not the CEC in this regard, and the commission was simply well-known) to enter to Parliament, and therefore, raises confronted with a fait accompli. He said: “The process of chances for the current authorities to win a majority of video monitoring cannot be objectively assessed. On the seats in the next Parliament. one hand, it seems to be a positive development: visual That ban is a testament to a clear domination of monitoring, additional opportunities for public control. On political interests of the party in power to determine the other, the process of vote counting falls beyond the the electoral rules. The European practice has seen scope of video monitoring”. Furthermore, Mr Shapoval some restrictions on participation of blocs in election believes that “there is kind of a remake, repeat of the campaigns, however not their complete ban from elections. Russian experience” and not a successful one, by the way.16

9 See: Elections 2006: conditions, actors, and implications …, pp.3-15. 10 The new election law: back to the future, or a compromise?... 11 Noteworthy, the Law was adopted despite the negative conclusion of the Main Scientific-Expert Department of the VR recommending rejection of the concerned bill. See: Conclusion regarding the Draft Law of Ukraine on Guarantee of Publicity… (reg. No.10681 of 02.07.2012). – http://w1.c1.rada.gov.ua/pls/ zweb2/webproc4_1?pf3511=43869 (in Ukrainian). 12 See: Samar, V. Imitation of transparency. – Dzerkalo Tyzhnya, July 6, 2012 (in Ukrainian). 13 See: Comments to the bill “On the Specificity of Guarantee of Publicity, Transparency and Democracy of Election of National Deputies on October 28, 2012” (reg. No.5028 of July 3, 2012), http://w1.c1.rada.gov.ua (in Ukrainian). 14 Pursuant to a governmental resolution, the contract for installation of video cameras at polling stations was issued without a tender to the Sitronics company (belongs to the Russian Sitronics OJSC concern). See: The company that will install web cameras worth UAH 1 billion for Rada election was named. – Creditprombank of Ukraine web site, August 20, 2012, http://news.finance.ua (in Ukrainian). 15 See: Nikolayenko, T. Video cameras as a safeguard against repetition of 2004. – Ukrayinska Pravda, August 31, 2012; Samar, V. Imitation of transparency… 16 “I was an observer at the Russian elections – CEC head said – and wish to say that in unofficial discussions with their organisers, starting from the top and ending with the polling station level, I actually heard no positive comments of video cameras installed at polling stations”. See: CEC heads wants no video monitoring at elections: We are not that rich. – Dzerkalo Tyzhnya, July 24, 2012 (in Ukrainian).

22 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS

The key drawbacks of the novelty include: low effect on the electoral process. Only the voting day quality of video monitoring that prevents recording and subsequent developments will show the efficiency possible violations; different modes of CCTV (an online of that novelty and the result of their introduction to monitoring of the voting process at polling stations, but the electoral process. This will also show the true goal only the recording of vote counting process, which is of that step. the most criminogenic stage of the electoral process and requires the highest degree of public control); unregulated 2.2. PARTICIPANTS OF THE ELECTORAL procedure for obtaining and using video recordings of PROCESS vote counting at polling stations. According to the Article 12 of the new electoral Law, Given the specificity of Ukraine’s political and legal the participants of the electoral process of Ukraine’s systems, installation of video cameras and video national deputies include: (1) a voter; (2) the Centra l monitoring at polling stations on the voting day may Election Commission and another election commission have negative consequences for the election process established in accordance with the Law; (3) a party that in general and for free manifestation of citizens’ will in nominates a parliamentary candidate; (4) a parliamentary particular. Video monitoring can be used, in particular, for: candidate registered in accordance with the legislatively provided procedure; (5) an official observer from a party • intimidation of voters by the fact that their voting will be known to third persons (noteworthy, that nominated a parliamentary candidate in the nationwide a similar effect of video monitoring was noted district, from a parliamentary candidate in a single-member in the Main Scientific-Expert Department of district, and from a public organisation (Box “Participants the VR comments to the relevant bill, also with of the electoral process and their powers”, pp.24-25). a reference to the experience of presidential The greatest problems with implementation of elections in Russia on March 4, 2012; furthermore, legislative provisions have arisen with such participants one should note the fact that 15% of Ukraine’s of the electoral process as the election commission and citizens currently believe that video cameras will parties that nominated parliamentary candidates. be installed to intimidate voters, another 13% are sure that monitoring is introduced “to know how Election commissions: novelty and impact of people voted” (Diagram “What for will video staffing procedure. Pursuant to the election Law, cameras be installed at polling stations?”).17 a District Election Commission (DEC) was set up by the • manipulations with video image of the voting CEC made up of the chairman, his deputy, secretary and process, in particular, intentional breakup of the other commission members (not fewer than 12 and not image transmission “for technical reasons” at some more than 18 persons). (“required”) polling stations; Candidacies to DEC are submitted by: (1) a political • selective use of video monitoring materials party whose parliamentary faction is registered in (including video recording) in order to: invalidate the Staff of the current Verkhovna Rada ; (2) political voting at a polling station; resolve issues related to parties – election process participants. A DEC must criminal cases on forgery of election documents or include (in presence of a relevant submission) one other unlawful acts; create an appropriate public representative from each political party whose opinion of the progress of voting process and its parliamentary faction is registered in the Staff of the current results. Verkhovna Rada. Not more than one representative from Beyond doubt, the authorities have far greater each other political party (election process participants) opportunities for such manipulations than the opposition. is included in DEC by drawing lots at CEC in accordance Therefore, the use of video cameras at polling with the procedure established by the latter. stations on the voting day may have a controversial At the 2012 elections, there were 87 such participants (five political parties whose parliamentary factions were What for will video cameras registered in the Staff of VR-6, and 82 other political be installed at polling stations?* % of those polled parties – election process participants). In that, 81 parties submitted candidacies to DEC, six did not exercise that right.

To prevent violations 47.9% For preparation and conduct of the elections, CEC at polling stations set up 225 DECs. Noteworthy, the legislatively provided procedure of DEC formation at these elections substantially 31.1% For someone to profit differs from the procedure of their formation at previous parliamentary elections. Distinctions are two: To make voters fear that 15.1% their voting will be known • first, by contrast to the previous elections, DECs To know how people voted 13.3% are staffed by parties that nominate candidates not only in the multi-member nation-wide election Other 1.1% district but also in single-member election districts; • second, at the previous elections representatives Hard to say/no answer 6.4% of parties – election process participants were included in DECs by drawing lots for each DEC 18 * Respondents were supposed to give all acceptable answers. separately; while at the present elections all DECs

17 The poll was conducted by the Razumkov Centre Sociological Service jointly with the Ilko Kucheriv Democratic Initiative Foundation on August 10-15, 2012. 2009 respondents aged above 18 years were polled in all regions of Ukraine. The sample theoretical error is 2.3%. 18 CEC Resolution “On the Procedure of Drawing Lots for Nomination of Representatives of Political Parties, Election Blocs Political Parties-Election Process Participants for Inclusion in District Election Commissions for Election of National Deputies of Ukraine of March 26, 2006, and Distribution of Executive Posts among Political Parties, Election Blocs of Political Parties in Those Commissions” No.237 of January 19, 2006.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 23 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

PARTICIPANTS OF THE ELECTORAL PROCESS

Voter Central Election Commission (CEC)

36 730 042 persons District Election Commission (DEC) – 225

Precinct Election Commission (PEC) – 33 762

Voter Central Election Commission District Election Commission Precinct Election Commission (CEC) (DEC) (PEC) A citizen of Ukraine is Leads the system of election Provides for preparation and conduct of is an election commission of the lowest eligible to vote. commissions, as special collective bodies elections of national deputies in a single-member level. The law provides for creation of a PEC: The right to vote at empowered to organise preparation and constituency and in the nation-wide district within (1) at an ordinary polling station; elections of national conduct of elections of national deputies the limits of a single-member constituency. For (2) at a special polling station; deputies belongs to a and to ensure observance and uniform preparation and conduct of the elections, CEC (3) at a foreign polling station. citizen of Ukraine who application of the legislation on election sets up DECs in each of 225 single-member PECs at ordinary and special polling is 18 years old on the of national deputies. CEC is a permanent election constituencies. stations are set up by the relevant DEC, voting day. The right to body including 15 commission members. DEC is made up of the chairman, his deputy, a PEC at a foreign polling station – by CEC. vote is not granted to CEC is a commission of the higher level secretary and other commission members – not PEC is staffed by candidacies proposed citizens ruled incapable for all district election commissions fewer than 12 and not more than 18 persons. by the same actors that submit candidacies by court. The right to vote (DEC) and local election commissions DEC is a commission of the higher level for all to DEC. Ukraine’s Foreign Ministry is also is exercised by a voter at (PEC). It controls the activity of all other PECs within the limits of the concerned involved in formation of PECs at foreign elections on the basis of election commissions and provides single-member constituency. polling stations. his or her inclusion in the organisational-methodological support to Candidacies to DEC may be submitted by: The procedure of inclusion of list of voters at a polling them. CEC exercises powers of a DEC for (1) a political party whose parliamentary faction representatives of those actors in PECs is similar to the procedure of their inclusion station. the foreign district. is registered with the Staff of the current Verkhovna Rada of Ukraine; (2) political parties – in DECs. Each voter is entitled CEC powers Proceeding from the number of polling to one vote in single- election process participants. A DEC must include (in presence of a relevant submission) stations, for preparation and conduct of member and nation-wide (1) ensures observance of the principles one representative from each political party parliamentary elections in 2012, election districts. A voter and fundamentals of the election process 33,762 PECs must be set up in single- envisaged by the Constitution and laws whose parliamentary faction is registered in the can exercise his or her Staff of the current Verkhovna Rada. Not more member election constituencies (including right to vote only at one of Ukraine; 32,188 PECs at ordinary polling stations, (2) establishes the system of territorial than one representative from each other political polling station, where party – election process participants is included 1,458 PECs at special polling stations, he or she is included in organisation of national elections by 116 PECs at foreign polling stations). creating territorial election district and in DEC by drawing lots at CEC in accordance with the list of voters. A voter the procedure established by the latter. exercises his or her right polling stations; (3) exercises control of observance and to vote during elections DEC powers PEC powers in accordance with the uniform application of the legislation on procedure established by election of national deputies by voters, (1) provides legal, organisational-methodological, (1) exercises control of steadfast observance the election law. DECs and PECs and their members, state technical support to PEC, organises training of and uniform application of the legislation on According to the State authorities and local self-government members of those commissions in issues of the election of national deputies during voting and bodies, executives and officials of election process organisation; count of votes at a polling station; Register of Voters, as of those bodies, enterprises, institutions, 31 October 2012, there (2) registers agents of candidates for national (2) obtains the list voters from the body establishments, organisations and their deputies registered in a single-member keeping the State Register of Voters or were 36 730 042 voters officials, mass media, their owners, in Ukraine. constituency and issues their certificates; Ukraine’s Foreign Ministry, draws up the list officials and creative professionals, (3) creates PECs (except polling stations abroad); of voters in cases envisaged by the law on candidates for national deputies, (4) controls observance by bodies authorised for elections, presents it for general information Powers parties, their representatives in CEC and that by the law of the legislation on compilation and makes amendments in it in cases of a voter authorised persons, agents of candidates of voter lists at polling stations on the territory envisaged by the law on elections; May be familiarised with for national deputies in single-member of a single-member constituency, controls their (3) gives voters an opportunity for constituencies, official observers, public presentation for general information; familiarisation with election lists of candidates the preliminary list of organisations; voters and check the (5) transfers to PECs voting ballots, for national deputies from parties, (4) registers candidates for national other documentation forms, ensures control data of candidates for national deputies in correctness of the data deputies; entered into it. of account of voting ballots within the limits single-member constituencies, and decisions (5) issues to public organisations a permit of a single-member constituency; taken by CEC, the concerned DEC, its own May: to have official observers during elections (6) provides for the manufacture of information decisions and notices; (1) apply to PEC with of national deputies; posters, posters explaining the procedure of (4) hands over or sends to every voter a request for verification (6) registers official observers from voting and responsibility for violation of the a personal invitation with the date of voting, of the preliminary list of foreign states, international organisations; legislation on election of national deputies, seals addresses of voting premises, the time of voters, as well as (7) approves the form, colour and text of of local election commissions and transfers them beginning and end of voting; the presence or absence the ballot for voting in the nation-wide to local election commissions, and provides for (5) provides for account of voting ballots of marks of permanent district and in single-member election the manufacture of other election documentation; obtained by the commission; immobility of a voter; districts; (7) registers official observers from a party that (6) provides for preparation of voting (2) to appeal at the provides for centralised manufacture nominated candidates for national deputies in the premises and ballot boxes; concerned election in the required numbers and account nation-wide district, from a candidate for national (7) organises voting at a polling station; commission against of voting ballots and transfers them to deputies in a single-member constituency, (8) performs count of votes at a polling decisions, actions or district election commissions; from a public organisation; station, draws up reports of the count of omissions of an election (8) considers applications and complaints (8) considers applications and complaints about votes at a polling station and transfers them commission, an election about decisions, actions or omissions of decisions, actions or omissions of local election with other election documentation to the commission member, and district election commissions and takes commissions and takes decisions on those issues; concerned DEC; all other election process decisions on those issues; (9) establishes voting results in the (9) rules voting at a polling station invalid, participants, (9) gives explanations to district and nation-wide district within the limits of in presence of circumstances envisaged if such actions or local election commissions concerning a single-member constituency and in a single- by the law on elections; filling of reports of count of votes and member constituency, draws up reports of voting (10) considers applications and complaints omissions violate the establishment of voting results; election rights or interests results, transfers reports and other election about preparation and organisation of voting (10) creates foreign polling stations and documentation to CEC; at a polling station and takes decisions on of his or her personal election commissions at those stations; (10) rules voting at a polling station invalid them within the limits of their powers; participation in the (11) exercises other powers envisaged in cases envisaged by the election law; (11) exercises other powers envisaged election process. by the law. (11) exercises other powers envisaged by the law. by the law.

24 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS

AND THEIR POWERS*

A party that nominates a candidate for national deputies Candidate for national deputy Official observers from: parties – 181 247 87 parties 5 207 persons candidates – 150 627 public organisations – 40 017

A party that nominates a candidate Candidate for national Official for national deputies deputies observer The new election law entitled parties to propose becomes an election process Election process participants include official an election list of parliamentary candidates participant after his or her observers from: from the party in the nation-wide district of not registration by CEC. Election process (1) a party that nominated candidates for national more than 225 persons, and to nominate one participants include all candidates for a single-member constituency; (3) a public organisation parliamentary candidate in each single-member national deputies, irrespective of the registered in accordance with the procedure envisaged district. Therefore, an election process participant procedure of their nomination – by by the law. is a party that presented: a party in an election list, by a party Such official observers may take part in the election (1) the election list of candidates for national in a single-member constituency, by process after their registration by DEC. deputies from the party in the nation-wide district; self-nomination in a single-member As of October 28, 2012, concerned DECs registered (2) the election list of candidates for national constituency. 39 162 official observers from public organisations, deputies from the party in the nation-wide district For the 2012 elections, CEC 149 154 – from candidates for national deputies, registered 5 207 candidates for and its candidates (candidate) in single-member national deputies, 2 554 of them 179 832 – from parties. constituencies (constituency); were nominated in party election Official observers from foreign states and international (3) its candidates in single-member lists, 2 653 – in single-member organisations are not election process participants. They constituencies (at least in one constituency). constituencies (in that, 1 502 are only entitled to watch the election process both on the The election process participants at nominated by parties, 1 151 – territory of Ukraine and at foreign polling stations. parliamentary elections 2012 included 87 parties, self-nominees). 22 of them – parties that presented lists of As of October 28, 2012, Rights of official candidates for national deputies from the party registration of 566 candidates for in the nation-wide district. national deputies was cancelled. observers (1) to be present at polling stations during voting, to watch Powers of parties Powers from any distance actions of election commission members, including during the issue of voting ballots to voters and All parties – participants of the election process of candidates count of votes, not physically interfering with election enjoy equal rights: All candidates for national deputies (1) to delegate one representative to CEC with commission members; enjoy equal rights: (2) to perform shooting, filming, audio and video recording, a deliberative vote empowered to represent the (1) to take an unpaid leave from the party interests during the election process; place of work for the canvassing not violating the secret of voting; (2) to submit candidacies to election period; (3) to be present during the issue of voting ballots to local commissions; (2) to engage in canvassing and election commission members, including for organisation (3) to engage in canvassing and political political advertising at the expense of voting at the place of stay, and during such voting; advertising at the expense of the election of the election fund, to lease for (4) to be present, with observance of requirements of the fund, to lease for that buildings and premises; that buildings and premises; to law, at meetings of local and district election commissions, to obtain printed area in mass media on equal obtain printed area in mass media including during count of votes at a polling station and terms; on equal terms; establishment of voting results; (4) to apply to a mass medium that released (3) to apply to a mass medium that (5) to apply to the concerned election commission or to information which the party or candidate released information which the court for remedy of violations of the law on elections in consider untrue with a demand to publish party or candidate consider untrue the event of their detection; their response. with a demand to publish their (6) to draw up a report of detection of violation of the law response; on elections, signed by him and not less than two voters A party whose candidates for national deputies (4) cannot be dismissed from work witnessing the fact of such violation, specifying their are registered in the nation-wide district, on the initiative of the enterprise surnames, names, patronymics, place of residence and a candidate for national deputies in owner, institution, organisation or home address, and to submit it to the concerned election its authorised body, commander of a single-member constituency are obliged to open commission or to court; an account for their election fund not later than a military unit (force); (7) to take the required measures within the limits of on the tenth day from the day of registration by (5) cannot be transferred to another CEC; the election fund of a candidate for national job, sent on a business trip, as legislation for termination of illegal actions during voting deputies in single-member constituency is formed well as called up for military or and count of votes at a polling station; out of his funds and voluntary contributions of alternative (non-military) service, (8) to obtain copies of reports of transfer of voting ballots, individuals; detachment of monies on the election training (testing) and special of count of votes and establishment of voting results and fund accounts is not allowed. mobilisation of the reserve; other documents in cases envisaged by the law on elections; A candidate for national deputies registered (6) a candidate for national deputies (9) to exercise other rights envisaged by the law on elections in accordance with the procedure envisaged by in a single-member constituency for official observers. the law, a party-election process participant in may have agents (not more the person of its leader, a party representative than three persons), and file an in CEC, an agent of a party or another person application to CEC for termination authorised by a decision of the central executive of their powers. body of the party, an agent of a candidate for national deputies, an official observer, an election commission established in accordance with the law, a voter whose personal election rights or interests protected by the law concerning participation in the election process, including participation in the election commission work or observation, were violated by a decision, action or omission of the actor whose actions are appealed against, may apply to the election commission with a complaint dealing with the election process.

* Data, unless stated otherwise, are taken from the CEC web site. – www.cvk.gov.ua.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 25 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

were staffed by only one drawing procedure political technology of staffing “loyal” election held on August 24, 2012.19 commissions, the regulatory framework for which 22 As a result, DECs included representatives of was thoughtfully laid down in the new election law. unknown parties that nominated candidates only Subsequent developments proved that opinion. Large- in single-member districts, and at the same time did scale rotations in all DECs began almost immediately not include representatives of parties that nominated after the approval of the initial DEC staff. The formal candidates in the nation-wide district, including those reason for that was presented by the legislatively provided that, according to public opinion polls, have real possibility to replace the DEC members upon a personal chances to pass the election threshold (in particular, this request for dismissal of a commission member and refers to UDAR and Svoboda parties). application for his replacement by the actor that submitted By and large, pursuant to the CEC decision, DECs the candidacy of that member to the commission. included, except representatives of the parties that have parliamentary factions in VR-6, representatives of In early September, the Committee of Voters of Ukraine predicted that by the voting day, DEC staff would 19 political parties, only five of which submitted lists 23 of candidates in the multi-member district, another be replaced by half. However, this happened much 14 nominated candidates only in single-member election earlier. Namely, according to some calculations, as of districts (Table “Party representatives in DEC”).20 September 13, 2012, CEC replaced 1,972 DEC members (out of 4,050). That is, within just two weeks after the Party representatives in DEC DEC establishment, their staffs were replaced by 49%. At that, political forces that have parliamentary factions Party name Number of Number of party made just a few substitutions. Most of all changes – over candidacies candidates 100% (some DEC members were replaced several submitted included in single- in the times) – were made by United Rus, Bratstvo, , in DEC member election , Union of Anarchists of Ukraine, Yedyna constituencies list Rodyna. Those six political parties replaced 1,349 DEC Youth to Power 225 223 1 – members, or 68.4% of all substitutions in that timeframe. United Rus 225 225 3 – Changes among DEC executives strike the eye: 64% of Popular Labour Union of Ukraine 225 225 3 17 commission chairmen, 45% of deputy chairmen, 58% All-Ukrainian party “Bratstvo” 225 225 1 – of commission secretaries were replaced, total – 56% of 24 Green Planet 225 225 18 225 DEC executives. Nataliya Korolevska’s party 223 223 108 149 The following conclusions made on the basis of “Ukraine – Forward!” the previous experience (Box “Staffing of election Russian Bloc 223 223 10 34 commissions: experience of the 2006 parliamentary Russian Unity 221 221 4 – elections”) and analysis of the current situation with Union of Anarchists of Ukraine 220 220 2 – DEC staffing look rather reasonable: 219 219 9 56 • the new electoral Law enables large-scale Christian Democratic 223 218 3 – manipulations with the DEC staff after the Party of Ukraine establishment of commissions. Using quite legal All-Ukrainian association 212 212 1 – manipulations, a participant of the electoral process “Yedyna Rodyna” can multiply its actual representation in all DECs Ukrainian People’s Party 217 178 37 – without exception – enough to fully control the United Centre 43 43 9 – decision-making process; People’s Environmental Party 223 31 1 – • massive replacements in DECs prove that the Civic Solidarity 5 5 4 – process is well coordinated and controlled; Solidarity of Women of Ukraine 225 4 11 – • there is a strong probability that similar process For Oneself 1 1 1 – will take place at the stage of staffing the lowest People’s Movement of Ukraine 224 1 2 – level of election administration – Precinct Election 25 Source: CEC web site as of September 21, 2012 Commissions (PEC). The drawing held in such a way was appealed against Party as a subject of the electoral process. The new in court by the concerned participants of the electoral electoral law gave a new definition to parties as subjects process.21 However, the Kyiv Administrative Court of of an electoral process. It enables parties to propose an Appeal rejected the administrative claim and ruled DEC election list of parliamentary candidates from the party staffing procedure legitimate. The Higher Administrative in nation-wide district of not more than 225 persons, and Court of Ukraine left such a ruling of the lower court nominate one parliamentary candidate in each single- unchanged. member district. Meanwhile, many politicians and analysts saw such Therefore, the election process participant is a party a procedure of DEC (and PEC) formation as a that: (1) submitted an election list of parliamentary 19 CEC Resolution “On the Procedure of the Central Election Commission Drawing Lots for Inclusion of Candidacies to District Election Commissions for Election of National Deputies of Ukraine of October 28, 2012” No.69 of April 19, 2012; 20 Source: CEC web site of September 21, 2012, http://www.cvk.gov.ua. 21 All-Ukrainian Association Svoboda and UDAR party filed to the Kyiv Administrative Court of Appeal a motion for invalidation of drawing lots held by CEC on August 24, 2012, and cancellation of CEC Resolution “On Establishment of District Election Commissions for Election of National Deputies of Ukraine on October 28, 2012” No.604 of August 26, 2012. 22 See, e.g.: Oleksandr Barabash: Drawing lots in CEC: correct in form but humiliating in substance. – UNIAN, August 28, 2012 (in Ukrainian). 23 See: District commission members will be “bought” for 10-20 thousand. – Ukrayinska Pravda, September 3, 2012 (in Ukrainian). 24 Boyko, N. DEC: from an election process actor to an object of election manipulations. – Ukrayinska Pravda, September 18, 2012 (in Ukrainian). 25 Ibid.

26 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 LEGISLATION, ELECTORAL SUBJECTS AND THEIR POWERS

where it has no political interest and does not exercise its STAFFING OF ELECTION COMMISSIONS: EXPERIENCE OF THE 2006 election rights. Extension of this right to the said parties PARLIAMENTARY ELECTIONS may effectively take such a right from the parties that submitted an election list of parliamentary candidates in DEC and PEC staffing has long been a problem for the national the nation-wide district – which is actually the case now, election process. It was very acute at the presidential elections in 2004 and parliamentary elections in 2006, when practical as shown above. application of the legislatively provided procedure of DEC staffing CONCLUSIONS on the proposal of parties (blocs) witnessed its imperfection and inefficiency. The thing is that some parties (blocs) very irresponsibly The practice of continuous changes in the electoral nominated candidacies of DEC members and executives. From the legislation on the eve of every election in Ukraine is very first days of work of those commissions, CEC had to early terminate powers of many DEC members, including their executives – wrong, since it affects the electoral process and election heads, deputy heads and secretaries. It is needless to explain results. This primarily refers to the key elements of how it influenced the organisation of work of those commissions, the electoral process – the electoral system, staffing especially at the beginning, when they were to be registered as procedure for election districts, organisation and legal entities, polling stations and PECs were set up. The process conduct of elections (the actors and the mode of of early termination of powers of DEC members and appointment election commission staffing). of new ones did not stop till the voting day. Next to all parties and blocs replaced their representatives in commissions, some of The Constitution of Ukraine does not determine them – dozens (50 and more) times. Such replacements took place in the majority of commissions in all regions. the electoral system – this is the prerogative of the Parliament. Meanwhile, in the current socio-political All in all, during the election campaign powers of every fifth DEC member (777 out of 4 050) were terminated early, in situation, the mixed electoral system for 2012 cannot that, 59 commission heads, 51 deputy heads, 82 secretaries. In be termed optimal. The choice and legislative provision some commissions, the head or secretary were replaced two or of that system rest not on the desire to ensure adequate three times. The reasons for early termination of powers of DEC representation of social groups in the Parliament but members included, in particular: a personal request for resignation on political expediency, prompted by interests of the of a commission member (325 cases), recall of a candidacy by the leading political actors – the authorities and, to some applicant (375), refusal to make an oath (60); regular breach of duties by a commission member (13). extent, key actors of the opposition. On the voting day, positions of commission members remained The effective electoral legislation quite fully vacant in 119 DECs out of 226. Some commissions had to organise regiments the election procedures. However, many elections in a district with only 13-14 members. As of March 26, 2006, even six executive posts remained vacant – one head, two of its provisions are imperfect, controversial, which deputy heads, three secretaries. seriously complicate preparation and conduct of fair The attitude of some parties (blocs) to PEC staffing was even elections. more irresponsible. Approximately three weeks before the voting The nature of the electoral process shows that day the situation with their manning really compromised the conduct of elections on March 26, 2006, on lawful grounds, with observance the very optimistic assessments made by politicians, of the legislatively provided election procedures, with proper including the oppositional, and by the experts right guarantees of constitutional voting rights of citizens.26 after the adoption of the new electoral Law regarding the high quality of its procedural norms were too hasty. candidates from the party in the nation-wide district; Today, there are more grounds to stick to another (2) an election list of parliamentary candidates from opinion – the new Law legalised many technologies the party in the nation-wide district and its candidates for facilitations and manipulations with electoral (candidate) in single-member districts (district); (3) its procedures: they will either not be seen as infringements candidates in single-member districts (at least in one (since they were thoughtfully “legitimised”), or will district). have, so to speak, a refined civilised character. By and large, according to the CEC data, 87 parties Staffing procedure for election commissions – DEC became the election process participants at the 2012 and PEC – became the core problem of organisation parliamentary elections, only 22 of them submitted lists of elections in Ukraine. This prompts the need of of parliamentary candidates in the nation-wide district. a fundamental change of the election commission The largest – maximum permitted – number of candidates staffing procedure. Organisation of preparation and (225) entered the election list of the Ukrainian party conduct of elections by election commissions should “Green Plant”; the smallest (17) – political party “Popular be depoliticised – the political dimension of elections Labour Union of Ukraine”. should prevail only in canvassing. The approach to terming parties as subjects of an No preconditions for democratic, fair and open electoral process envisaged by the electoral law seems elections have been created in Ukraine. Poor quality of legally and politically ungrounded. Formally, it seems the electoral legislation, absence of an adequate legal to comply with the principle of equal suffrage, whereby reaction to violations, deep corruption of the state all parties enjoy equal rights and possibilities to take part machinery, neglect of the principle of the division of in the election process. However, in reality, it violates powers and effective concentration of all state power that principle, since it gives equal treatment to actors in the President’s hands, politically biased mass media, whose involvement in the election is very different. For dependence of courts, curtailment of democratic instance, it remains unclear why a party that nominated process offer wide opportunities for employment of the its candidates only in one or a few single-member administrative resources and other abuses at elections, districts is entitled to take part in staffing of all DECs unlawful influence on the election process participants, and PECs without exception – i.e., also in districts distortion of the true will of citizens.

26 For more detail see: Melnyk, M. Problems of organisation of preparation and conduct of parliamentary and local elections 2006. – CEC Bulletin, 2006, No.3, p.24-29.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 27 3. SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

he socio-political situation in the country is important for the election results, especially in the T“government/opposition” coordinates. Voter spirits, social self-perception, the level of trust/mistrust of the government (political forces and candidates loyal to the government) strongly depend on socio-economic factors, observance of civil rights and freedoms, the general information background created in the media space by the largest and the most popular mass media, and by canvassing materials and events of political parties and/or candidates. This section briefly describes the socio-political situation in Ukraine before and during the current parliamentary election campaign. Given that the voters’ choice most of all depends on personal assessments of phenomena, processes and changes taking place in society, self-assessments of personal wellbeing, etc., this section presents public and expert assessments of specific elements of the socio-political situation.

3.1. SOCIO-ECONOMIC SITUATION AND with the economic situation in the country described TRENDS OF ITS DEVELOPMENT above and problems with collection of even previously Key indices of the national economy witness negative planned state budget revenues, any serious increase trends that in the middle run can lead to deterioration in revenues is unlikely. public wellbeing (first of all: extremely low rates of economic growth; notable growth of Ukraine’s budget SOCIAL INITIATIVES OF THE PRESIDENT OF UKRAINE On March 7, 2012, Viktor Yanukovych speaking at an expanded deficit; surge of the foreign trade deficit; enhancement meeting of the Government delivered a speech “A New Quality of of the trend to devaluation of the national currency). the Social Policy”, known as the “social initiatives of the President”. The President promised to reduce property stratification, adjust Meanwhile, the quality of public wellbeing is rather mechanisms of redistribution of incomes, promote the development poor even now. What is especially alarming is that wages of the middle class, create an effective system of the population are not the main source of incomes for Ukrainian families, protection from social risks. In their pursuance, the Government got 21 assignments. In particular: their share in the structure of the above-mentioned • to gradually recalculate pensions; incomes actually equals the share of social allowances • to improve pension schemes for military servants; and other transfers, proving the populist character of the • to raise pension supplement for different categories of war state policy of wages and redistribution of the national participants; income, resulting, in particular, in strong polarisation • to raise one-time allowances for invalids of war on May 9; of society on a property basis. • to raise pensions for surviving family members of invalids of war; Macroeconomic indices • to recalculate insurance payments to employees in sectors with a high injury rate; Analysis of the key macroeconomic indices and • to introduce a European approach to state regulation of drug progress of execution of the state budget gives grounds prices; to expect failure of state programmes, including those • to reform operation of state social services; dealing with observance of socio-economic rights of • to promote different forms of family education of children; citizens: timely and full payment of salaries in the public • to provide disabled persons with prosthetic devices and wheelchairs free of charge; sector, pensions, scholarships, all kinds of state social • to have a programme of aftercare for children suffering from allowances (Box “Macroeconomic indicators of the ICP in place; national economy and trends of its development”). • to provide to veterans of Chornobyl, war, etc. with housing; • to repay people’s deposits in the former Savings Bank to the However, despite negative trends in the economy, the amount of UAH 1,000 (to those who did not get them in 2008). authorities resorted to a time-tested election technology – In April, 2012, the Law “On the State Budget of Ukraine promotion of “social initiatives”. According to amendments to for 2012) was amended, in particular, to raise budget revenues by UAH 33.3 billion. More than half of that amount – UAH 18.2 billion – the 2012 State Budget made in April, 2012, UAH 18.2 billion was to be spent on implementation of the “social initiatives”. were allocated to implement the President’s social Sources of the increase of the general fund revenues include: initiatives, and the total revenues of the 2012 State Budget economic growth and legalisation of economy – UAH 21 billion; were to rise by more than UAH 33 billion (Box “Social indexation and fees for administrative services – UAH 1.8 billion; premiums for signing product sharing agreements – UAH 6 billion. initiatives of the President of Ukraine”). Apparently,

28 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

MACROECONOMIC INDICATORS OF THE NATIONAL ECONOMY AND TRENDS OF ITS DEVELOPMENT GDP. Drafting the State Budget for 2012, the Government state of the economy, on the other, limits possibilities to set the following targets: real GDP growth – 5% (later, spur the economy. In reality, the country has long been lowered to 3.9%), nominal GDP growth – 16.6%, to UAH observing concealed devaluation of hryvnia – both the 1.5 trillion; industrial production growth – 5.5%; inflation interbank and cash markets witness repeated fluctuations rate – 7.9%; yearly average UAH/USD exchange rate – 8.1:1. of the exchange rate and substantial weakening of hryvnia. This is proven with a sharp decrease of the NBU currency It is now evident that those indicators were overly reserves – by almost $10 billion in course of one year.1 optimistic. According to the estimates made by the Razumkov Centre’s experts, in the best-case scenario, State budget. Deterioration of the economic dynamics the real GDP growth of Ukraine would equal zero. Poor affects the state budget. First, the economy cool-down economic indicators obstruct building of a basis for affects state budget revenues. In July, 2012, the general sustainable growth and compromise execution of the state fund proceeds fell all-time low for that month over the budget in terms of both incomes and expenditures. entire post-crisis period and were even lower than in 2010 (Diagram “General fund proceeds…”) (although in August, The growing negative trends in August-September prove they managed to somewhat “make up” for the decrease in this conclusion: key sectors witnessed stagnation or decline budget proceeds, in view of the above-mentioned trends, of production. Although the official sources recorded 2% of it should be expected that in September, the proceeds economic growth in that period, according to the estimates by will again be extremely low).2 the Razumkov Centre’s experts, Ukraine had a zero or even negative index of GDP growth over eight months of 2012. Second, the “necessity” of social allowance rise Meanwhile, according to the State Statistic Committee, prompts growth of the deficit of pubic funds. During the cumulative growth in industry made only 0.2%; sales, ten months period, the “cumulative” deficit has reached construction and agriculture indices wend down. almost UAH 33.2 billion, against the “planned” UAH 25 billion. Given that the greatest growth of deficit is “traditionally” Further stagnation in Europe (affecting the demand observed in the last months of the year, the real yearly for Ukrainian exports), rather a poor harvest, poor deficit in 2012 should be estimated at UAH 44-45 billion. dynamics of the key sectors of economy leave no hope for improvement of the real GDP growth indices in the last Deficit boosting as early as in July gives rather quarter of 2012. Respectively, the targets of nominal GDP an alarming signal. According to the 2012 Budget, the growth (to UAH 1.5 trillion) seem out of reach. Government was to collect UAH 370.8 billion, but in course of eight months it got only 220.6 billion. This means that Inflation. Although in January-August 2012, official in the last four months, over UAH 41 billion must be statistics reported deflation (a decrease in the consumer collected monthly, to carry out the plan. price index), according to the estimates by the Razumkov Centre’s experts, consumer prices rose by 5-7%. For Noteworthy, even in the relatively good period of instance, in August alone, the prices of meat and dairy January-August, when the economy was still growing, products, sugar, eggs went up, gasoline followed the trend, the Government on the average was collecting UAH 28 billion. bread grain prices jumped (by 4-6%), witnessing serious However, today, the situation is unfavourable for growth of risks of price rise on food markets in the near future. budget revenues. Stability of the national currency. According to expert Budget problems may deepen in the result of not only assessments, rate setting in Ukraine remains an element of the budget but also of the foreign trade deficit that grows politics rather than economics. The fixed official exchange rapidly and is likely to make $14-15 billion (in January-July, rate (UAH/USD), on the one hand, does not reflect the actual the deficit hit $8.7 billion).

General fund proceeds, UAH billion

30 2010 2011 2012 25 28.63 28.41 28.30 21.95 26.74 26.66 21.12 26.36 20.81 26.19 20.54 20.61 25.56 20.10 20.00 19.51

20 24.40 19.21 19.12 18.92 23.47 18.10 17.53 22.01 17.38 22.00 16.16 15.67 15.17 15 15.14 13.85 18.84 12.46 12.70

10

5

0 January February March April May June July August September October November December

1 See: Pinzenyk: “Concealed devaluation has long been here”. – Lb.ua, September 21, 2012, http://economics.lb.ua (in Ukrainian). 2 Source: Budget-2012: imparities grow. – Real Economy web site, September 6, 2012, http://real-economy.com.ua (in Ukrainian).

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Against the background of “social initiatives”, the Summing up the above, it may be assumed that, governmental draft of the State Budget for 2013 deserves first, the “social initiatives” were designed to use the attention. It can hardly be termed “social” (as claimed), announced social allowances and measures for raising but it shows that the Government is neither able nor the ratings of the President and the ruling party; second, willing to raise the living standards, in particular – by the real goal of the Government was to maintain the setting an adequate cost of labour (Box “Governmental present socio-economic situation in the country till draft of the State Budget of Ukraine for 2013”). the parliamentary elections. Later on, failure of “social initiatives” and other GOVERNMENTAL DRAFT OF THE STATE BUDGET FOR 2013 promises will be ascribed to further aggravation of the On September 12, 2012, the Government approved the draft world financial crisis or intrigues of the parliamentary 2013 state budget and submitted it to Parliament. The draft envisaged opposition, as the current authorities have been doing growth of minimum wages and the subsistence level by 8.4% and 5.9% (Table “Minimum standards”), which, first, is much lower for a third year in a row. than the growth planned in the 2012 budget. Indices of public wellbeing Minimum standards Incomes and expenditures. According to the State December December December Statistic Committee, the structure of individual incomes 2011 2012 2013* and expenditures in 2012 does not differ from 2011. st Minimum wages, UAH 1 004 1 134 1 230 Namely, in the 1 quarter, the share of wages in the incomes Growth, to the same period structure makes only some 43%, while social allowances of the previous year 12.9% 8.4% and other transfers – 40%, incomes from property – 5% Subsistence level, UAH 953 1 095 1 160 (against almost 6% in 2011, being the only difference). Growth, to the same period So, as before, work is not the main source of income of the previous year 14.9% 5.9% for Ukrainian families. * Draft. In the structure of expenditures, only a slight increase Second, the growth of nominal minimum standards in 2013 is in expenses on acquisition of goods and services may lower than the nominal GDP growth, i.e., the share of wages in the be noted (by 1.8%), with a simultaneous decrease GDP structure will remain unacceptably low, and the wages will still not perform their functions and will not become the main source of of savings by 0.9% (Diagram “Structure of incomes, family incomes, being a very unwelcome feature of the Ukrainian expenses and savings of Ukraine’s population”). labour market. Labour remuneration. Labour remuneration in Third, according to the governmental version of the 2013 State Ukraine remains the lowest among European states Budget, the subsistence level will grow only as much as the official (except Moldova). “Poverty among employed” became inflation rate. However, as was noted above, the actual inflation a usual thing, even among skilled employees with rate in 2013 is likely to exceed the officially announced, so, the real subsistence level will fall, rather than rise (which will mainly hit the higher education. Wages (in addition to their not being the least protected groups of the population). main source of income for Ukrainian families mentioned The Verkhovna Rada Chairman returned the Draft State Budget above) do not even perform the function of expanded 1 for 2013 to the Government for finalisation. There are doubts, reproduction of manpower. however, whether the finalised draft will raise the miserly indices of minimum social standards. For instance, in July, 2012, the average wages of full-time employees made UAH 3 151, or 2.9 subsistence levels for

STRUCTURE OF INCOMES, EXPENSES AND SAVINGS OF UKRAINE’S POPULATION, % Incomes Expenses and savings

83.0% 84.8% Q1 2011 Q1 2012

42.5% 42.8% 40.4% 40.4%

11.5% 11.5% 9.9% 9.3% 7.0% 5.6% 5.3% 6.1% 0.1% 0.2% Wages Profit Revenues Social Acquisition Revenues from Accrual Growth and mixed from allowances and of goods and property, of non financial of financial income property other obtained services current income assets assets current and property transfers taxes, other paid current transfers

1 For more detail see: Prosperity through sustainable wage formation. Razumkov Centre analytical report. – National Security & Defence, 2010, No.7, p.26-32, 58 (in Ukrainian).

30 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

able-bodied persons (UAH 1 102) – as well as in July, Unemployment rate (under the ILO methodology) 2011 (average wages – UAH 2 749, subsistence level – in 20112012, UAH 960). I.e., the ratio of average wages and the % of gainfully occupied population of the relevant age minimum subsistence level did not change during the 9.5 year and shows that a young Ukrainian family where 8.7 8.9 8.4 9.1 8.4 8.2 the father works and gets average wages can live 7.7 7.5 and keep at the subsistence level only one child. 6.9 At that, wages of public sector employees are below average. For instance, in July, 2012, an average salary in education made only UAH 2 730, in the system of public health and social security – UAH 2 343. Such situation is mainly owed to the steady practice of violation of the effective legislation: the rate of pay of the 1st tariff Q1 2011 Q2 2011 Q3 2011 Q4 2011 Q1 2012 class of the public sector employees is set below minimum In the age of 1570 In the ablebodied age wages. In particular, from September 1, 2012, minimum wages make UAH 1 102, and the rate of pay of the to an MP from the Party of Regions , 1st tariff class equals UAH 807. As a result, every public the number of private businessmen registered at the sector employee monthly gets from 300 to 1 500 UAH end of 2011 fell 2.5-fold.6 One should also not rule out less than he should (dependent on his grade). the contribution of forcible takeover – spread in the past two years – to the labour market going grey (and loss Wage payments. In 2010-2012, the Government of official jobs).7 did not manage to solve the problem of wage arrears. According to the State Statistic Committee, as of Property polarisation of society. According to August 1, 2012, the arrears totalled UAH 986 million expert estimates, property polarisation of society steadily (2.5% more than on July 1, 2012). The situation at deepens and has reached a critical limit, drawing Ukraine economically active enterprises is even worse: from the close to some Latin American states in this respect. year beginning, their wage arrears rose by 10.1%. According to different expert data, the decile coefficient of incomes is close to 1:40. The aggregate income of the In 2012, arrears of salaries to public sector employees – 100 richest in the Forbes rating as of April, scientists, educationalists, workers of public health and 2012, exceeded $54 billion. According to the State Tax the social sector – became widely spread.2 Insufficiency Service, 999 persons in Kyiv in 2011 declared annual of budget funding also led to recurrence of the practice of incomes of over 1 million UAH, two of them – in excess forced unpaid leaves.3 The large scale and regularity of of UAH 100 million. such facts made even Ukraine’s Prime Minister Mykola Two things are the most “sensitive” for society: the Azarov to recognise the problem – at the Government’s first one is the presence of the richest persons in the sitting he instructed the Minister of Education and supreme bodies of state power. For instance, the aggregate Science, Youth and Sports, the Minister of Finance and private fortune of the Government members exceed district state administration heads (in particular, of Kharkiv UAH 2 billion; furthermore, most of Ukraine’s national region) “to take those disgraceful signals under personal deputies are either official millionaires, or walk like control”.4 millionaires (estates, yachts, cars, watches, etc.).8 This Labour market. Compared to 2011, the labour proves a direct connection between a high state post or market situation saw little change. The unemployment rate a parliamentary mandate, and chances of personal (under the ILO methodology) in the 1st quarter of 2012 enrichment. made 9.1% of persons in the able-bodies age – against The second one is the striking inconsistency of 9.5% in 2011 (Diagram “Unemployment rate…”). declarations of many officials and national deputies There are trends to further “escape” of the labour with their actual standard of living, combined with market. The reasons include the Tax Code adoption. “demonstrative consumption”. Escape of private businessmen into the “grey sector” Maybe exactly those things, first, make the majority apparently ensues from the authorities’ neglect of their of people sure that all supreme institutes of government, protests at the end of 2010 (the Tax Maidan).5 According including Parliament, as discussed above, primarily

2 See: Media: Kyiv medic salaries delayed. – UNIAN, July 20, 2012, http://www.unian.ua (in Ukrainian). 3 See, e.g.: Ministry of Education cut funding of the Institute of Ukrainian Studies three-fold. – 5th Channel, January 20, 2012, http://5.ua/newsline (in Ukrainian). 4 See: In just three weeks, the country may be 100% ready for the heating season. – Uryadovyi Kuryer, September 6, 2012, http://ukurier.gov.ua (in Ukrainian). 5 Tens of thousand businessmen went out in Maidan. – Tochka.net, November 22, 2010, http://news.tochka.net (in Ukrainian). 6 Shadow Tax Code. – Finance.ua, November 9, 2011, http://news.finance.ua (in Russian). 7 See, e.g.: In Luhansk region, raiders seized Bilorichenska mine. – , September 14, 2012, http://korrespondent.net; Gas Device Factory in Mohyliv-Podilsky seized by raiders. – UNN, September 13, 2012, http://www.unn.com.ua; Raiders seized Museum of Trypillian Culture. – Liga.net, July 27, 2012, http://news.liga.net; Raid on Zbruch boarding house in Kherson region. – PIK, July 9, 2012, http://pik.ua; Vsesvit magazine says, were attacked by those who destroyed Vitchyzna. – UNIAN, April 28, 2012 (in Russian, in Ukrainian). 8 See: Kyiv has a thousand less one millionaire. – Ukrinform, August 30, 2012, http://www.ukrinform.ua (in Ukrainian); Tax Service counted almost a thousand millionaires in Kyiv. – Ukranews, June 13, 2012 (in Russian).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 31 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

serve big capital and/or shadow dealers. Second, they Assessing changes in sectors relevant give grounds to doubt of the sincerity of intentions to wellbeing of Ukrainian families during the Presidency and election promises, first of all, of loyal forces and of Viktor Yanukovych and the Premiership of Mykola Azarov parliamentary candidates. Prices and tariffs: the overwhelming majority (75%) of citizens reported deterioration in that sector (from 77% in the South to 70% Wellbeing of Ukrainian families in the East); improvement was noticed by only 3%, no changes in public assessments were reported by 19% (regional differences in both cases are Self-assessments of family wellbeing. According statistically insignificant). Differences in the distribution of assessments dependent on the respondents’ age are actually to the results of a national public opinion poll on self- absent. In terms of voter preferences, assessments of supporters assessment of family wellbeing in August 2012, 48% of the Party of Regions (PR) are somewhat higher: 9% of them Ukrainian families felt like surviving (13% of them reported improvement of the situation with prices and tariffs, 59% – “hardly make ends meet”, their incomes were not enough deterioration, 28% – no changes. even for necessary foodstuffs; for 35%, “it is enough for Remuneration of labour: improvement in that sector was food and acquisition of necessary inexpensive items”). reported by only 9% of citizens (from 11% in the Centre to 6% in the West and South); deterioration – 46% (from 57% in the West to 50% felt better, but only 8% of them reported that 34% in the East); no changes – 39% (from 49% in the East to 31% they “do well” but cannot afford, say, an apartment in the West and South). Noteworthy, deterioration in that sector was or a car; 43% of families in that category reported that reported by a relative majority of citizens in both able-bodied and they “can live with it, but acquisition of durables, such pensionable age, only in some age groups there was a statistically insignificant difference between those who spoke of deterioration as furniture, a TV set, arouses difficulties” (Table “What and those who reported of no changes. of the following statements best of all corresponds to In terms of voter preferences, the best assessments of changes the material standing…?”). in the sector were produced by potential voters of the ruling It should be added that the majority or a relative party: 25% were certain that the situation changed for the better; majority of citizens reported deterioration of the situation 18% noted its deterioration; 51% saw no changes at all. in the period of office of Viktor Yanukovych and the Pensions: improvement in that sector was reported by 23% of those polled (from 47% in the South to 15% in the West); government of Mykola Azarov: with prices and tariffs deterioration – by 36% (from 46% in the West to 20% in the South); (75%), labour remuneration (46%), pensions (36%). no changes – 33% (from 41% in the East to 20% in the South). As a result, 46% of those polled reported deterioration Noteworthy, improvement with pension allowances was reported of the wellbeing of their families in that timeframe, 40% by 27% of those polled in the pensionable age (60+ years) – this figure is the highest among all age groups. However, 37% of reported no changes; improvement of wellbeing was citizens in that age group reported deterioration of the situation, reported by only 9% of those polled (first of all, in 32% – no changes. the East – 12%; in elder age groups – 11%, and among Assessments of changes in pension allowances given by PR voters – 28%) (Box “Assessing changes in sectors potential PR voters are much higher: 53% reported improvement of relevant to wellbeing of Ukrainian families during the the situation, only 7% – deterioration, 34% reported no changes. Presidency of Viktor Yanukovych and the Premiership of Family wellbeing: improvement was reported by only 9% of Mykola Azarov”). those polled (from 12% in the East to 4% in the West); deterioration – by 46% (from 53% in the West to 35% in the South); no changes – Summing up the above, it may be noted that the by 41% (from 51% in the South to 35% in the Centre). As well as in socio-economic situation in the country is generally the previous instances, assessments of the situation by PR voters unfavourable, the current authorities did not manage are somewhat higher: 28% of them reported improvement of the wellbeing of their families, only 11% – deterioration, 58% reported to ensure sustainable economic growth, negative no changes to their wellbeing. trends pose risks of deterioration of the public (Table “How did the situation in Ukraine change in the period of wellbeing, inability of the state to properly guarantee office of Ukraine’s President Viktor Yanukovych and Prime Minister socio-economic rights of citizens. It may be expected Mykola Azarov…? ”, p.50-51). that the year of 2013 will see kind of “requital” of rank-and-file citizens of the country for the populist This subsection briefly outlines indices and presents policy of the authorities before the parliamentary elections. assessments describing the observance of fundamental civil rights in Ukraine – the freedom of speech, 3.2. GUARANTEE OF CIVIL RIGHTS AND of peaceful assembly, the right to free elections, and FREEDOMS summary assessments of the state of democracy. It is needless to say that guarantee of civil rights and freedoms (including free elections) is among the key Freedom of speech and independence of mass media factors of the voters’ choice and the fairness, publicity and transparency of the election campaign.9 Freedom of speech and freedom of press in assessments and ratings of independent media-monitoring 9 According to the European Court of Human Rights, guarantee of such organisations. Trends to curtailment of the freedom of rights as the right to free elections, the right to freedom of expression speech have been noted since the first year of office of (freedom of speech), to peaceful assembly is “a litmus test of democracy of Viktor Yanukovych. As early as 2010, Ukraine’s rating a state”. of freedom of press (freedom of press index calculated 10 See: Expert poll “Freedom of speech in Ukraine: myths and reality”. – Foundation for Good Politics web site,http://www.fundgp.com. by the Freedom House international non-governmental For reference: : during the interview – Ukraine’s Security organisation) was lowered to 131st (from 90th in 2009). Service Head, now – First Prime Minister of Ukraine; media group U.A.Inter In 2011, further deterioration of the situation was reported by Media Group of Valeriy Khoroshkovskyi holds a number of assets. In particular, the majority of Ukrainian public organisations dealing with it indirectly owns 61% of shares of the Ukrainian Independent TV Corporation CJSC (Inter TV channel), 60% of shares of the Television Information Service the issues of freedom of speech and media independence, LLC (NTN TV channel) and other media assets in Ukraine and abroad. Serhiy such as Telekritika public organisation (Box “Telekritika Lyovochkin is the Head of the Administration of the President of Ukraine. public organisation head Natalya Lihachova…”).10

32 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

August 2012

June 2012

February 2012

December 2011

October 2011

June 2011

April 2011

February 2011

October 2010

May 2010

April 2010

January 2010

December 2009

July 2009

March 2009

December 2008

June 2008

February 2008 % of citizens polled December 2007

September 2007

February 2007

December 2006

November 2006

June 2006

October 2005

August 2005 What of the following statements best all corresponds to material standing your family?

February 2005

January 2004 4.1 5.2 5.0 3.6 6.1 6.80.3 8.0 0.4 6.3 0.5 7.3 0.1 9.1 0.2 9.41.4 0.2 8.4 1.2 0.2 7.0 1.0 0.4 5.4 1.7 0.5 8.0 1.7 1.0 5.1 1.6 0.2 7.3 2.3 0.5 6.6 1.1 0.6 8.8 1.4 0.2 6.0 0.7 0.5 6.7 1.2 0.3 6.0 1.7 0.6 5.6 1.1 0.3 5.8 1.6 0.3 6.3 0.9 0.1 6.8 1.2 0.2 6.3 1.5 0.3 7.7 1.0 0.2 1.7 0.2 1.7 0.1 1.6 0.5 0.5 0.2 1.3 0.6 1.0 1.0 0.6 1.3 0.9 25.3 18.3 17.7 23.1 17.1 15.3 16.3 18.4 13.9 11.8 12.5 15.1 18.4 22.5 17.441.9 21.8 43.2 14.8 42.8 17.2 41.3 14.9 39.1 16.8 38.9 18.3 37.2 17.3 35.5 18.8 35.8 13.8 32.3 11.5 33.9 13.4 35.0 10.5 38.6 12.9 39.4 39.4 40.7 39.127.0 40.1 31.7 36.5 33.0 38.3 30.2 40.5 35.9 42.2 37.2 38.9 36.0 41.1 38.3 38.8 41.2 40.2 45.1 40.8 42.9 35.2 39.3 34.4 30.9 33.7 30.9 36.7 34.7 36.7 37.2 32.8 33.7 35.2 38.1 42.4 38.6 40.9 42.6 We hardly make We ends meet, money is not enough even for necessary foodstuffs It is enough for food and acquisition of necessary items inexpensive By and large, you can live with it, but acquisition of durables, such as furniture, a refrigerator, a TV set, arouses difficulties do well so far but We cannot afford some purchases so far (an apartment, a car, etc.) can afford actually We anything we want / Hard to say no answer

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 33 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

TELEKRITIKA PUBLIC ORGANISATION HEAD NATALYA LIHACHOVA, The Freedom House Report issued in July, 2012, A JOURNALIST AND MEDIA EXPERT reads: “Developments in Ukraine’s media environment (extract from the interview) over the past year reinforce concerns that space for In 2011, “all TV channels except the 5th Channel and TVi are 100% freedom of the press is shrinking and that the independence loyal to the authorities, pursue their line in the media; news reports at of many media outlets is compromised. Worsening trends such channels as the First National and Inter are synchronously include corruption and declining independence of media managed by people close to Khoroshkovskyi and Lyovochkin. In from political and business influence … Monopolisation 2010-2011, the situation with pressure on journalists, creation of obstacles for their activity by power structures, local authorities of the media sphere by a few individuals, companies, and also sharply deteriorated. the government; … a drop in the quality of information There also occurred absolutely insolent and unprincipled, contrary distributed through broadcast outlets; the increasing use to legislative norms, monopolisation of the National Television and of administrative and legislative tools to hinder, disrupt Radio Council by one political-media group. It was staffed non- and ultimately prevent media outlets from operating; transparently, by people expressing the interests of Khoroshkovskyi’s and the growing prevalence of “sponsored” information group. That body, in charge of frequency distribution, exerts pressure in the media are especially worrying”.11 The Report on channels insufficiently loyal to the authorities. generally noted a number of negative trends in Ukraine’s Processes involving digital broadcasting are also non-transparent media space, especially critical before and during the and have all signs of corrupt schemes. election campaign (Box “Negative trends in Ukraine’s The Parliamentary Committee for Freedom of Speech and media space…”). Information is actually inactive. Situation before and during the election campaign: Attempts to impose censorship were resumed, first of all, in the Internet, by lobbying a new law on public morality. Attempts are general data. With the elections in sight, the national being made to introduce regulation in the Internet”. media space and media activity ever more demonstrate such negative trends as the growing number of “sponsored” materials, growth of pressure on mass media Negative trends in Ukraine’s media space noted in the and journalists, uneven presence of different political Freedom House Report “Sounding the Alarm Round 2: forces on TV. Protecting Democracy in Ukraine” Growing number of sponsored materials was • the vast majority of those who own broadcast and print media outlets are closely tied to or are members of the current noted by actually all organisations monitoring printed government and are busily consolidating and expanding their and/or electronic media. In particular, monitoring of control over new outlets. …Media outlets pursue the agendas regional printed publications showed that the number of of their owners at the expense of objectively and responsibly sponsored materials in them made: in March, 2012 – covering current events and meeting the demands of the 12 public. As a result, censorship in Ukraine generally results 14.2%, in June – 20%, in September – 27.8%. from economic pressure on media owners, rather than direct Monitoring of central publications revealed a boom of government interference; sponsored materials with the election campaign gaining • delays in introducing legislation on reforming the public momentum: their number increased from five in January broadcasting system indicate reluctance by the government to 13 carry out real reform, including the privatisation of state-owned 2012 to 275 in October. At that, during the election print media outlets. The result of these delays is the de facto campaign (June-October) the lion’s share of sponsored continuation of governmental control over broadcasters and materials fell on the ruling party – almost 37% of the total print media outlets directly; number; it was followed by candidates standing in single- • the National Television and Radio Council is often used for member constituencies (19%); the United Opposition corrupt purposes and is composed of members with deep and accounted for 6% of sponsored materials (Diagram opaque political connections. The 28 licenses were awarded to 14 eight broadcasters (Inter, Ukraina, Kynotochka, TONIS, Mega, “Number of sponsored materials…”). The imbalance Enter Music, MTV Ukraine, and Bank TV), all of which are owned of sponsored materials in favour of the ruling party was by business people who openly support the government; also noted by monitoring of Internet publications.15 • the lack of transparency with which the early phases of the Growth of violations of journalist rights was transition from analog to digital frequencies for broadcast television have been conducted indicated that it could recorded, in particular, by the Barometer of Freedom be misused for political influence and as tools for further of Speech monitoring: the number of such violations corruption. …An obscure offshore company Zeonbud LLC, increased from six in January, 2012, to 85 in October. owned by a consortium of anonymous private investors based in Cyprus, was the winner of a competition to determine 11 Sounding the Alarm Round 2: Protecting Democracy in Ukraine. – a provider of all digital networks in Ukraine by default… Freedom House web site, July 2012, http://www.freedomhouse.org. The Report 68 existing regional and several leading national channels builds on materials of Telekritika public organisation, Institute of Mass now broadcasting on analog frequencies did not win licenses Information, Independent Association of TV and Radio Broadcasters, to broadcast on digital frequencies. Licenses instead went Academy of Ukrainian Press and the Institute of Sociology of the National to the existing state-owned broadcasters and to several new Academy of Sciences of Ukraine, etc. channels with unknown owners. None of the existing privately 12 owned stations broadcasting in Ukraine’s western regions Monitoring of regional press in six regions of Ukraine is performed by received licenses; the Centre for Ukrainian Reform Education public organisation. For more detail see: Mediasapiens web site, http://osvita.mediasapiens.ua/monitoring • the fall in the quality of information about current affairs (in Ukrainian). broadcasted or published by media outlets. According to an 13 analysis…, only one in five news items on television is related Monitoring of political plugola. Performed since January 2012 by to public policy or politics; the Institute of Mass Information (ІМІ). Monitoring covers six national periodicals: Komentari, Komsomolskaya Pravda v Ukraine (from June, 2012, • a stark imbalance in the coverage of political forces on instead of Ekonomicheskie Izvestia), Korrespondent, Segodnia, Ukrayinskyi television. Since the beginning of 2012, the prevalence of Tyzhden, Fakty. secretly sponsored news items, or advertorials, has increased 14 steadily as incumbent political forces engaged in a campaign Source: Political plugola in the election period. – ІМІ web site, http://imi. to discredit the political opposition. org.ua/content/politichna-“dzhinsa”-u-period-viboriv (in Ukrainian). 15 Ibid.

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During the official election campaign (July 30 - October 27), High-profile events related with mass media and 185 cases were recorded, 115 of them immediately freedom of speech. Among such events, one should dealt with elections (Diagram “Violations of journalists’ mention the situation with TVi company and the Bill rights…”). All in all, during the incomplete year of “On Introduction of Amendments to the Criminal Code 2012, 329 cases were registered, which is 3.2 times and the Code of Criminal Procedure of Ukraine higher than in 2011 (102 cases) and more than twice Toughening Responsibility for Encroachment on Honour, higher than in 2010, when presidential elections took Dignity and Business Reputation of a Person” (Box place (152).16 “Recent high-profile events…”, p.36). Uneven presence of different political forces on TV, The authorities’ actions in both situations met strong usually in favour of the ruling party (PR), was noted criticism of representatives of European institutions and the Ukrainian public. Say, in connection with the by next to all independent monitoring projects public of 17 pressure on TVi TV company, the European Commission organisations. After the monitoring of political news reminded Ukraine of the Verkhovna Rada decision reports of national TV channels in August-September, passed in February, 2012, recommending governmental 2012, the following conclusion was made: “Attention institutions (the State Tax Service, the National Television to the authorities exceeds attention to the opposition and Radio Council) not to check mass media in the 6.5-fold. The state channel [“First National”] gave no election period.21 second of a sync to the opposition in September, it was The mentioned Bill was criticised, in particular, by the the only channel that presented no balanced news reports European Parliament member, EU-Ukraine Parliamentary with two viewpoints. This is termed propaganda, rather 22 18 Cooperation Committee Chairman Pawel Kowal; than news”. A similar situation was observed on regional President of the International Federation of Journalists TV channels with the difference that those channels Jim Boumelha and President of the European Federation of gave odds to candidates in single-member constituencies Journalists Arne König.23 Finally, international organisation supported by the Party of Regions.19 In October, the “Reporters without Borders” called upon the Verkhovna situation did not change.20 Rada to reject the Bill in the second reading.24

Number of sponsored materials in national periodicals

320 The authorities and 2012 275 the ruling party (PR) 300 (36.8%) 280 Parliamentary candidates 152 (18.6%) 240 in singlemember constituencies 185 200 173 “Ukraine – Forward!” 81 (9.9%) 160 CPU 78 (9.6%) 120 105 78 United Opposition 47 (5.8%) 80 UDAR 27 (3.3) 40 24 5 4 17 17 0 Others 131 (16.0%) January February March April May June July August September October During the entire election campaign (AugustOctober 2012) – 816

Violations of journalists’ rights in 2012

90 2012 85 Interferences with discharge 80 of professional duties by journalists 98 70 61 Beating, attacks, intimidation 37 60 50 Suits against mass media 32 39 40 34 Indirect pressure on journalists 13 28 30 30 Unlawful detention of journalists 3 20 15 15 16 10 6 Suits of mass media against 2 election process participants 0 January February March April May June July August September October During the entire election campaign (JuneOctober 2012) – 185

16 Monitoring is performed by ІМІ. See: Elections Campaign 2012: for three months there have been 185 cases of violations of journalists’ rights. – ІМІ web site, November 1, 2012, http://imi.org.ua. 17 In particular, monitoring “Open news for the sake of fair elections” (performed by the Academy of Ukrainian Press, Telekritika, Equal Opportunities Committee); project “Political advertising on television in the period of election campaign” (Academy of Ukrainian Press, for weekly reports see: http://www.aup.com.ua/?cat=monitoring&subcat=newst); monitoring of TV news reports (Institute of Sociology of the National Academy of Sciences of Ukraine, Academy of Ukrainian Press). 18 Before elections – without standards: AUP monitoring. – Mediasapiens web site, September 20, 2012, http://osvita.mediasapiens.ua (in Ukrainian). 19 Sokolenko, N. How local TV channels advertised for money in September 2012. – Ibid., November 1, 2012 (in Ukrainian). 20 See, e.g.: Presentation of results of pre-election monitoring of TV news reports of nine leading Ukrainian TV channels in September and October, 2012. – Ukrinform, 23 October 2012, http://presscenter.ukrinform.ua (in Ukrainian). 21 reminds Kyiv of the decision not to check mass media in the election period. – Radio Liberty, web site, September 23, 2012, http://www. radiosvoboda.org (in Ukrainian). 22 European Parliament member Kowal sees a threat to the freedom of speech in Ukraine. – UNIAN, September 19, 2012 (in Ukrainian). 23 International Federation of Journalists and its regional section – European Federation of Journalists – condemned the bill introducing criminal responsibility for slander in Ukraine. – UNIAN, September 20, 2012 (in Ukrainian). 24 International organisation “Reporters without Borders” expressed concern about the legislative initiative of a national deputy from the Party of Regions Vitaliy Zhuravskyi to introduce criminal responsibility for slander. – UNIAN, August 2, 2012 (in Ukrainian).

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RECENT HIGH-PROFILE EVENTS RELATED WITH MASS MEDIA AND FREEDOM OF SPEECH Situation with TVi TV company (TeleRadioSvit television company LLC)25 According to media experts, TVi is one of the few TV channels responsibility for “insult”. Meanwhile, it did not say that the Bill in Ukraine demonstrating no loyalty to the authorities. required public discussion. The Bill met a negative conclusion of the In April, 2012, a conflict arose between the TV channel and the Main Scientific Expert Department of the Verkhovna Rada Staff that recommended its rejection. Furthermore, the Bill was not sent to the State Tax Service that accused TeleRadioSvit LLC of evasion from tax payments in excess of UAH 3 million. On July 3, a criminal case Parliamentary Committee for Freedom of Speech and Information and, respectively, not considered by the Committee. was initiated against TeleRadioSvit LLC Director Mykola Kniazhytskyi for elements of crime envisaged by Part 3, Article 212 of the However, the Bill was sent for finalisation; its finalised Criminal Code of Ukraine “Intentional evasion from tax payment on an version titled “Law of Ukraine ‘On Introducing Amendments to the especially large scale”. Criminal Code and the Code of Criminal Procedure of Ukraine On July 9, Shevchenkivskyi District Court in Kyiv passed a ruling Toughening Responsibility for Encroachment on Honour, Dignity and to take original documents from TeleRadioSvit LLC officials, and on Business Reputation of a Person’”, without a conclusion of the Main July 12, five tax militia officers carried it out. The channel exercised Scientific Expert Department, was issued to MPs on September 12, its right to appeal against the ruling passed on the basis of a review 2012, and as soon as September 18, was passed in the first reading and applied to court. After a check, the court of the first instance (244 votes); the Bill provided that the relevant Law would enter cancelled the tax service decision. into effect on December 1, 2012. On July 19, the channel turned to Kyiv City Prosecutor Anatoliy On September 19, the Interdepartmental Working Group for Melnyk with a complaint about tax militia investigators’ decision to analysis of observance of the legislation on freedom of speech and initiate a criminal case. On the instruction of General Prosecutor Viktor protection of journalists recommended rejection of the Bill. Pshonka, in pursuance of the President’s assignment, the Public Amendments to the Criminal Code and the Code Prosecutor’s Office on July 20, 2012, began review of the legitimacy of Criminal Procedure of Ukraine of initiation and investigation of the criminal case concerning TVi (in accordance with the finalised Bill) TV channel management. Pursuant to amendments to Article 145-1 of the Criminal Code of On July 27, the Public Prosecutor’s Office press service reported Ukraine, a journalist or another individual disseminating information that the Kyiv Public Prosecutor’s Office cancelled the taxmen’s seen by someone as encroachment on his honour and dignity faces decision to initiate a criminal case against TVi channel Director Mykola the following sanctions. Kniazhytskyi, since “the mentioned criminal case concerning that “Article 145-1. Slander person was initiated by taxmen without a proper check and without 1. Slander, or intentional dissemination of knowingly untrue information sufficient grounds for it”. that compromises honour and dignity of another person or On July 30, the criminal case materials were returned to the compromises his or her business reputation, if such actions caused Kyiv city tax militia investigation department. According to the grave consequences, is punished with a fine in the amount from two Public Prosecutor’s Office press service, on August 1, the tax militia hundred to five hundred non-taxable minimum individual incomes investigation department closed the criminal case. It was also or by corrective labour for a term of up to one year, or restriction of decided to return the withdrawn documents. Nevertheless, Mykola liberty for up to two years. Kniazhytskyi in his blog on Ukrayinska Pravda wrote that the decision 2. An act envisaged by part one of this Article committed by means of termination was not presented to him, the withdrawn documents of public demonstration in works or mass media, or committed by were not returned to TVi, and the tax service did not drop the claim. an investigator, prosecutor or judge, is punished with a fine in the amount from five hundred to one thousand five hundred non-taxable On September 12, 2012, the Administrative Court of Appeal minimum individual incomes or by corrective labour for a term from considered the appeal of the State Tax Inspection in Solomyanskyi one to two years, or restriction of liberty for a term from two to five district in the city of Kyiv against the Kyiv District Administrative years, with deprivation of the right to occupy certain positions or Court ruling in the claim of TeleRadioSvit LLC. The Tax Service appeal engage in certain activities for a term from one to three years. was partially sustained. 3. An act envisaged by part two of this Article, combined with At present: accusation of a person of commitment of a grave or especially grave (1) over 80 cable networks refused to transmit the TV channel. crime, is punished with restriction of liberty for a term from two to five Volia company – Ukraine’s largest cable television operator – years or imprisonment for a term of up to three years, with deprivation stopped its transmission in the basic (“social”) package, which, of the right to occupy certain positions or engage in certain activities according to the channel’s estimate, barred access to the TV channel for a term from one to three years” (emphasis added – Ed.). for almost 2/3 of its viewers; Also demonstrative in this respect is that in 2003-2010, five (2) the Kyiv District Court of Appeal obliged TVi to pay UAH 4 million similar bills were submitted to the Verkhovna Rada but none of them to the Tax Service became a law. However, now, that law is necessary for the ruling Bill “On Introducing Amendments to the Criminal Code parliamentary majority. The goal of its hasty adoption was somewhat and the Code of Criminal Procedure of Ukraine Toughening clarified by the words of national deputy Yaroslav Sukhyi. Answering Responsibility for Encroachment on Honour, Dignity 26 journalist questions, the national deputy said: “The law is needed and Business Reputation of a Person” for you not to write rubbish”. As an example, the MP mentioned TVi The Bill was submitted to the Verkhovna Rada by national deputy TV channel, “that gives only slime against the authorities” (the style Vitaliy Zhuravskyi on July 19, 2012 (Reg. No.11013). The Bill in the of the MP’s answer is preserved – Ed.). first place provided criminal responsibility for “slander” and “insult” – Noteworthy, it is usually difficult to prove in court the “intention as crimes against human will, honour and dignity. It should be noted to disseminate a knowingly untrue information”. However, first, the that in 2001 Ukraine in pursuance of obligations assumed when judicial branch in Ukraine is not independent – as clearly witnessed joining the Council of Europe refused from criminal prosecution by the judicial practice of the recent years. Second, the very possibility for dissemination of untrue information, providing civil responsibility of criminal prosecution for “slander” and “insult” is a form of for that. curtailment of the freedom of speech and pressure on mass media. Noteworthy, the Memo to the Bill appealed to the Law passed by Pursuant to the European Court of Human Rights ruling, criminal the Russian State Duma on July 13, 2012, returning responsibility accusation of slander and proceedings have a “cooling effect” for for “slander” from administrative offences to crimes and toughening the freedom of expression.

25 Sources: See: Zakalyuzhnyi, М. TVi is under pressure – MPs from the Freedom of Speech Committee. – Radio Liberty, July 17, 2012; Brussels reminds Kyiv of the decision not to check mass media in the election period. – Radio Liberty, July 17, 2012; MPs from Committee for Freedom of Speech speak of persecution of independent mass media. – UNIAN, July 18, 2012; TVi wants its due from the Ministry of Economy. – , September 13, 2012, http://www.umoloda.kiev.ua (in Ukrainian). 26 Sources: Bill “On Introducing Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine Toughening Responsibility for Encroachment on Honour, Dignity and Business Reputation of a Person”; Memo to the Bill…; Conclusion to the Bill …; finalised Bill “On Introducing Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine Toughening Responsibility for Encroachment on Honour, Dignity and Business Reputation of a Person”; Memo to the Bill … – Verkhovna Rada of Ukraine web site, http://rada.gov.ua; They in the Regions say, they will commute punishment for slime and porno. – Ukrayinska Pravda, September 19, 2012; Stop advance on freedom of speech! Joint statement by the National Union of Journalists, Commission for Journalist Ethics and Independent Media Trade Unions. – Dzerkalo Tyzhnya, September 21, 2012, http://dt.ua (in Ukrainian).

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The Ukrainian public and journalist community strongly opposed the advance on the freedom of speech, too. For instance, on September 8, 2012, rather large meetings in support for TVi took place in 19 Ukrainian cities (in Kyiv, the meeting gathered over 3,000 people). On September 11, there was a picket of the National Television and Radio Council demanding implementation of the 8 September meeting’s resolution: an end to reprisals against independent media, censorship and pressure on journalists; resumption of TVi broadcasting in full volume; resignation of the National Council members; equal access to TV signal transmission for all broadcasters. Many organisations, institutions and individuals sent money to TVi to help it pay the so-called tax arrears.27 On September 21, 2012, the National Union of to the all-Ukrainian initiative “For Peaceful Protest!”, Journalists, the Commission for Journalist Ethics and the efficiency of such rallies increased: associations the Independent Media Trade Union released a Joint of students, small businessmen and independent trade Statement “Stop advancing on freedom of speech!” unions secured reversal of a number of legislative demanding rejection of Bill No.11013.28 initiatives of the authorities through demonstrations. Rather a principled stand was also taken by some However, the number of violations of that right, members of the parliamentary Committee for Freedom curtailment of the freedom of citizens to hold peaceful of Speech and Information that termed initiation of assemblies is growing. According to the Kharkiv Human a criminal case against Lb.ua web site politically Rights Protection Group analysts, “after the presidential motivated. MPs signed an appeal calling upon PACE, election [2010] the situation with freedom of peaceful international organisations and the world public to stand assembly has fundamentally changed … Only during up in support for Ukrainian journalists. The appeal the first 100 days of new government’s work mass also carried a call upon Ukrainian publications and TV media of regional and national level issued more than channels to show solidarity and support mass media 350 critical publications about actions of militia during facing persecutions and pressure for professional activity.29 peaceful assemblies. This is an absolute record of critics, received by the Ministry of Interior in one sphere and The public and international echo of the attempt during short period. Unfortunately, we have to recognize to introduce criminal responsibility for “slander” that the authorities have started to use militia to impede and “insult” made the Verkhovna Rada to cancel its the conduction of peaceful assemblies”.32 decision to pass the bill in the first reading on October, 2. However, it may be expected that MPs from PR With the parliamentary election campaign in will again push that issue after the parliamentary sight, guarantees of the right to peaceful assembly elections.30 caused growing concern of the Ukrainian public and international organisations. Freedom of peaceful assembly and demonstrations The situation is further complicated by the fact that the procedures for organisations and conduct of peaceful The civil right to peaceful assemblies (rallies, assemblies in Ukraine are currently not legislatively meetings, marches and demonstrations) is guaranteed regimented (Box “Legislative regulation of organisation by Article 39 of Ukraine’s Constitution and by the and conduct of peaceful assemblies in Ukraine…”, European Convention for the Protection of Human Rights p.38).33 For instance, the organizers of assemblies are guided and Fundamental Freedoms, ratified by Ukraine in 1997. by the Decision of the Constitutional Court No.4 of April 19, Events of the recent years show that people have to 2001 and are obliged to notify the authorities and/or local exercise that right ever more often;31 meanwhile, according self-government bodies in advance of its time and place.

27 As of September 24, over 2.8 million UAH were collected by almost 11,000 individuals and legal entities. See: Thanks from TVi. – TVi web site, September 24, 2012 (in Ukrainian). 28 Stop advance on freedom of speech! Joint statement by the National Union of Journalists, Commission for Journalist Ethics and Independent Media Trade Union. – Dzerkalo Tyzhnya, September 21, 2012 (in Ukrainian). 29 Opposition members of the Committee for Freedom of Speech: LB.ua is prosecuted on political grounds (statement). – Telekritika, July 18, 2012, http://www.telekritika.ua. See also: MPs from the Committee for Freedom of Speech speak of persecutions of independent mass media. – UNIAN, July 18, 2012 (in Ukrainian). 30 In particular, such a proposal was made by the Bill author Vitaliy Zhuravskyi (see: Party of Regions decided to recall the law on slander. – Dzerkalo Tyzhnya, September 25, 2012); the PR faction head Oleksandr Yefremov also did not rule out consideration of that issue by the new Parliament (Law on slander may reappear after elections. – Komentari, October 2, 2012, http://ua.politics.comments.ua); the PR faction member Olena Bondarenko said that the bill was cancelled solely because of the political situation, so, “more convenient time should be found” for discussion of its subject. They in the Party of Regions promised to return to the law on slander in “due time” (Dzerkalo Tyzhnya, October 3, 2012) (in Ukrainian). 31 E.g., materials of the all-Ukrainian initiative “For peaceful protest!” quote data of Ukraine’s Interior Ministry: in five months of 2010, Ukraine saw 181.7 thousand mass events with 95.8 million participants, while in the whole year of 2009 – 156.5 thousand events with 61,5 million participants. See: http://kvis.jimdo.com. 32 Human rights in Ukraine 2009-2010. 9. Freedom of peaceful assembly. – Information website of the Kharkiv Human Rights Protection Group, http://www.khpg.org/en/index.php?id=1298443122. 33 Sources: Campaign “For peaceful protest!” launched in Ukraine. – UNIAN, November 17, 2011; Chemerys V. Freedom of assembly. European principles and Ukrainian realities. – European Information Support Centre in the Verkhovna Rada of Ukraine, August 27, 2012, http://euinfocentre.rada.gov.ua; Statement of the Republic Institute in connection with consideration by the Verkhovna Rada in the second reading of Bill No.2450 “On the Procedure of Organisation and Conduct of Peaceful Events”, September 3, 2012, http://www.zmina.org.ua (in Ukrainian).

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LEGISLATIVE REGULATION OF ORGANISATION AND CONDUCT OF PEACEFUL ASSEMBLIES IN UKRAINE: THE PROCESS AND CURRENT RESULTS In May, 2008, the Government submitted to the Verkhovna However, on September 3, 2012, the Conciliation Council of Rada the Bill “On Order of Organising and Conducting Peaceful Parliamentary Factions of the Verkhovna Rada resolved to put the Events” (Reg. No.2450) drafted by the Ministry of Justice of Ukraine. Bill No.2450 to vote on September 6, not expecting the conclusion A Memorandum to the Bill read that the Bill was coordinated with from the Venice Commission. the Ministry of Internal Affairs, the Security Service of Ukraine, the Ministry of Economy, the Ministry of Finance, the State Guards On the same day, All-Ukrainian Public Association “Republic Department, “with account of the proposals obtained upon the Institute” responded to that decision with a statement, in particular, results of the public discussion held and with account of mass media saying: “In the event of…adoption [of Bill No.2450 – Ed.] in the monitoring results”. However, the conclusion of the Main Scientific version prepared by the Verkhovna Rada Committee for Human Rights, Expert Department of the Verkhovna Rada Staff as to the Bill was National Minorities and Inter-Ethnic Relations, and if the Bill No.10569 generally negative and recommended return of the Bill for finalisation “On Introducing Amendments to Some Legislative Acts Concerning after the first reading. Despite that, on March 3, 2009, the Bill was Freedom of Peaceful Assembly” is not adopted simultaneously with adopted by the Verkhovna Rada in the first reading. it, freedom in Ukraine will be substantially restricted, in view of the following drawbacks of the Bill No.2450: The Bill was opposed by a number of public organisations, in whose opinion, “the Bill substantially restricted the freedom of 1. The term of notification of assembly is set equal to two working assembly, compared even with the rather ill practice customary in days. This means that an assembly must be notified of 4 or /and Ukraine”. On the public demand, in July, 2010, the draft was sent 5 calendar days in advance (with account of days off and holidays). to the Venice Commission that issued a negative conclusion to it, Such a term is unreasonably large and, as the practice shows, will be with serious criticism of next to all its articles.1 Organisations that used by executive bodies to ban peaceful assemblies through court. opposed the Bill united in the Ukrainian public Initiative “For Peaceful 2. The Bill envisages a possibility of spontaneous assemblies Protest!”. One of the first its statements was that the Bill No.2450 prompted by events that cannot be foreseen in advance. But at the made peaceful events totally controllable by the authorities who, same time, the version of Bill No.2450 approved by the concerned aware of the danger of peaceful assemblies for them, decided to take Committee denies European principles of freedom of peaceful that right from citizens. assembly, vesting participants of such meetings with the extrinsic On their part, the participants of the Initiative drafted the duty to notify of a spontaneous assembly. alternative Bill “On Freedom of Peaceful Assemblies” met with a generally positive response of the Venice Commission was presented 3. The Bill No.2450 also provides that laws banning peaceful in Ukraine on November 3, 2011. assemblies in specific places may be adopted. In particular, meetings and pickets may be banned near premises of the authorities, In early 2012, the Verkhovna Rada returned the Bill No.2450 so that citizens will not be able to make their opinion known to to the parliamentary Human Rights Committee for finalisation. them. Assemblies may be banned in parks, making people unable to The Committee set up a working group for that, including protect green plantations, assemblies may be banned at development representatives of the Government (the Ministry of Internal Affairs, sites, etc. the Ministry of Justice), and public organisations from the Initiative “For Peaceful Protest!”. The Committee also agreed with the opinion 4. …The Law on peaceful assembly should be passed of public organisation representatives that the Law on peaceful simultaneously with amendments to some other laws – the Code assemblies should be adopted simultaneously with introduction of Ukraine on Administrative Offences, the Code of Administrative of amendments to a number of other laws – to the Code of Ukraine Judiciary of Ukraine, the Laws “On Militia”, “On Local Self- on Administrative Offences, the Code of Administrative Judiciary of Government”. The thing is that in case of adoption of Bill 2450, the Ukraine, the Laws “On Militia”, “On Local Self-Government”. effective norms of the Code of Ukraine on Administrative Offences In June, the working group completed the development of an will let militiamen detain assembly organisers and participants at essentially new bill, taking into account some comments of the their discretion. And the effective norms of the Code of Administrative Venice Commission. On June 6, 2012, the parliamentary Committee Judiciary of Ukraine effectively deprive citizens of the constitutional for Human Rights approved that Bill. Simultaneously, the Bill right to appeal against court rulings banning an assembly”. “On Introducing Amendments to Some Legislative Acts Concerning The Statement required simultaneous consideration of both bills Freedom of Peaceful Assembly” (Reg. No.10569 of 6 June 2012) was by the Verkhovna Rada, taking into account the conclusions produced submitted to the Verkhovna Rada. by the Venice Commission. In July, 2012, over 150 public organisations and trade unions On September 6, 2012, the Verkhovna Rada rejected the Bill turned to the Verkhovna Rada Chairman and heads of parliamentary No.10569 “On Introducing Amendments to Some Legislative Acts factions with a request not to put Bill No.2450 to vote until its new Concerning Freedom of Peaceful Assembly” and removed it from the wording passes expert examination of the Venice Commission. agenda (despite recommendation of the Central Scientific Experts On August 31, the Parliamentary Committee for Legislative Office of the Verkhovna Rada Staff of June 18, 2012, to return the Support to Law Enforcement Activity sent the Bills No.2450 and Bill for finalisation after the first reading). Consideration of the Bill No.10569 to the Venice Commission. No.2450 was postponed indefinitely.

34 Chemerys, V. Freedom of assembly. European principles and Ukrainian realities. – European Information Support Centre in the Verkhovna Rada of Ukraine, August 27, 2012 (in Ukrainian). Forms of restriction of the civil right to peaceful by local self-government bodies; such practice assembly. One can single out the following forms of is further facilitated by the above-mentioned restriction of the civil right to peaceful assembly currently uncertainty with the procedures for organisation used by the state authorities, local self-government bodies and conduct of peaceful assemblies;35 and the ruling party: • court bans on peaceful assemblies (as a rule, • adoption of own regulatory acts on the procedure following claims of local authorities); courts in of organisation and conduct of peaceful assemblies most cases allow such claims – and the percentage

34 Chemerys, V. Freedom of assembly. European principles and Ukrainian realities. – European Information Support Centre in the Verkhovna Rada of Ukraine, August 27, 2012 (in Ukrainian). 35 According to Vsesvit Public Information and Methodological Centre, such acts were passed by city councils (or their executive bodies) in 12 Ukrainian cities (Dnipropetrovsk, Zhytomyr, Zaporizhya, Kyiv, Lutsk, Poltava, Rivne, Simferopol, Sumy, Uzhhorod, Kharkiv, Kherson). See: Zubar N., Severyn О. Stop regular violations of the right to peaceful assembly! – Maidan web site, June 11, 2012, http://maidan.org.ua ; in the Crimea, except Simferopol, “local” regulatory acts were adopted in the cities of Yevpatoriya, , Yalta. See: Observance of civil rights to freedom of peaceful assemblies in the Crimea. – Yevpatoriya Regional Development Centre, 2011, http://ngocrimea.wordpress.com; Brovary city council in Kyiv region arbitrarily restricted sites for peaceful assemblies. See: Nechyporuk, S. Visti newspaper: public assemblies – under control! – Visti, September 19, 2012, http://i-visti.com (in Ukrainian). Later, local regulatory acts were cancelled in some cities.

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of sustained claims is growing (2010 – 83%; 2011 – 88%);36 as is the number of persons brought to administrative responsibility “for violation of the procedure of organisation and conduct of rallies, meetings, street marches and demonstrations”;37 • use of forcible methods of crackdown on peaceful assemblies, including with Berkut special units;38 • arrangement of an alternative assembly (“counter-meeting”) by the ruling party at the time and place claimed or wanted for the opposition event;39 • arrangement on sites where assemblies are usually held (first of all, central city and village squares) of alternative local events – various mass events that physically bar assemblies of • court bans on rallies and opposition candidate opposition-minded citizens;40 meetings with voters. E.g., administrative courts on requests of local self-government bodies banned • interference with free travel of people to the a rally of the United Opposition in Chernihiv; sites of mass events; as a rule, for such actions meetings with opposition candidates in Kharkiv road traffic police officers are employed who and in the city of Vyshneve, Kyiv region; meetings under different pretexts do not let carriers bring in support for fair elections in Volodymyr-Volynskyi people to the venues (first of all, in Kyiv).41 (Popular Rally, October 17) and Donetsk (October 27). Interference with peaceful assemblies during the Finally, on October 27, 2012, the Kyiv District election campaign. The authorities (the ruling party) Administrative Court banned all mass events extended the practice of interference with peaceful except those organised by the state authorities in assemblies or their ban on parliamentary candidate downtown Kyiv till November 12.44 meetings with voters and rallies arranged by opposition Noteworthy, courts use similar motivations of their political forces as part of their election campaign. As rulings: in all cases, court rulings refer to “interests of a rule, they refused to provide a place for events and national security and public order”, in one or another form banned them through court under different pretexts: assert that mass events may pose “a true danger of riots • refusal to provide a place for canvassing to and crimes”, threaten “health, rights and freedoms of the opposition candidates under the pretext of population”, and the ban is explained by the inability of alternative local events or “counter-meetings”.42 the local authorities to ensure protection of public order “Counter-meetings” are arranged by local and road traffic safety. Such arguments look rather cynical authorities, involve local public sector employees, both in their essence and against the background of and “are organised under the same scenario all unimpeded arrangement of mass events by loyal political over the country ”;43 forces and their satellites.45

36 Zubar, N., Severyn, О. Stop regular violations of the right to peaceful assembly! – Maidan web site, June 11, 2012, http://maidan.org.ua (in Ukrainian). 37 See: Joint statement by public organisations in defence of freedom of peaceful assemblies in Ukraine. – Maidan web site, September 14, 2012 (in Ukrainian). 38 E.g., crackdown on the camp of Chornobyl veterans who picketed the regional Pension Fund in Donetsk in November 2011 (during the dispersal of protesters, disabled veteran miner Hennadiy Konoplyov was killed). See: Shybalov Ye. Donetsk Chornobyl. First blood. – Dzerkalo Tyzhnya, November 28, 2011; an attempt to disperse a meeting against the adoption of the Law “On Principles of State Language Policy” on July 4, in Kyiv. See: Militia denies an assault on the . – TSN.ua web site, July 4, 2012, http://tsn.ua (in Ukrainian). 39 As it happened in April, 2010, when on the night before Parliament ratification of the Kharkiv Agreements the Verkhovna Rada was surrounded with blue tents with PR symbols, and on the ratification day – by hundreds of the ruling party supporters. 40 E.g., since the mass businessmen’s rally in November, 2011, Kyiv’s has been hosting festivities, competitions, concerts, exhibitions, etc. A similar situation is found, say, in Cherkasy where, according to the Cherkasy region United Opposition coordinator Leonid Datsenko, the city central square “may surely be renamed Market, instead of Cathedral”. See: Pysareva N. Events in Cherkasy central square were banned. – GAZETA.ua, 10 September 2012, http://gazeta.ua (in Ukrainian). 41 E.g., during mass business protests against the Tax Code adoption in November 2010, road traffic police did not let to Kyiv citizens willing to join protests from Vinnytsya, Dnipropetrovsk, Mykolayiv, Poltava, Kharkiv, other cities and regions of Ukraine. See, e.g.: Traffic police do not let businessmen from regions to rally in Kyiv. – Delo web site, November 18, 2010, http://delo.ua (in Russian). 42 In particular, on August 14, a working day, a “honey fair” was allegedly planned on the city central square in Melitopol, Zaporizhya region, on August 17 – a trade fair of “consumer goods” in Vasylkiv, Kyiv region. As a result, opposition candidates were refused to meet voters. On August 15, an opposition candidate was barred from meeting voters in the settlement of Kominternivske, Odesa region, because of an alleged meeting with voters of a PR candidate at the same time and in the same place. 43 Data of Maidan Monitoring: Elections 2012. See: Harbar V., Zubar N., Severyn О., Yamshchykova L. Regular violations of election law. 40 days before voting. – Maidan web site, September 18, 2012 (in Ukrainian). 44 See: Opposition not allowed to hold a meeting in Chernihiv. – Ukrayinska Pravda, September 30, 2012; Kharkiv court banned a meeting with Yatseniuk to save citizen lives. – Ukrayinska Pravda, October 14, 2012; UDAR: a court banned Klychko’s meeting with voters, as “real dangerous”. – UNIAN, October 18, 2012, http://www.unian.ua (in Ukrainian); Ruling party in Donetsk against fair elections, or How the tent camp was pulled down. – http://maidanua.org/monitor/ reports/view/310 (in Russian). 45 E.g., on August 9, Svobody Square in Kharkiv hosted a large CPU meeting, mass events are regularly arranged by the local authorities. As regards “road traffic safety”, traffic was really stopped by road traffic police, only to give way to so-called “VIP-canvassers” – Ukraine’s Prime Minister and PR leader (October 18-19, 2012, the Crimea). See: Bratushchak О. Azarov’s administrative resource. – Ukrayinska Pravda, October 23, 2012 (in Ukrainian).

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court rulings to ban them prompts the assumption that ASSESSMENTS OF GUARANTEES OF CIVIL RIGHTS AND FREEDOMS such actions are being coordinated from one centre. Assessing changes in the country under the presidency of Viktor Yanukovych and the government of Mykola Azarov, Right to free elections improvement in the field of civil rights and freedoms was reported The civil rights to expression of one’s will and free by only 10% of those polled (from 22% in the South to 2% in the elections of the state authorities are provided by Articles West); deterioration – 41% (from 68% in the West to 25% in the 69 and 71 of Ukraine’s Constitution. Pursuant to the South); no changes – 42% (from 51% in the East to 26% in the Article 71, “Elections to the state and local self- West). There were no substantial differences in assessments government bodies shall be free and shall be held on the depending on the respondent age. basis of universal, equal and direct suffrage by secret Potential voters of the ruling party are more pleased with ballot. Voters shall be guaranteed the free expression changes in guarantees of civil rights and freedoms: 35% of them of their will” (Emphasis added – Ed.). reported improvement in the sector, only 7% – deterioration, Free expression of will, in particular at parliamentary 53% saw no changes (Table “How did the situation in Ukraine elections, is possible only on the condition of strict change…?”, pp.50-51). observance of the electoral legislation ruling out any ASSESSMENTS OF THE LEVEL OF DEMOCRACY IN THE COUNTRY manipulation of citizens’ will not only during the In June, 2012, the level of democracy in the country was elections and vote counting but also during the election assessed by citizens at 2.80 points on a five-point scale.46 While race. differences in assessments among age groups are insignificant, The parliamentary election campaign officially began regional differences strike the eye. For instance, in the West and in Ukraine on July 30, 2012. Centre, the average score makes 2.40 and 2.59 points, respectively, However, long before the official beginning of the in the South and East – 3.25 and 3.03. Differences of the basis of electoral preferences are similarly large: say, the average score given election race, political forces and individual candidates by potential PR voters was 3.68 points, by Batkivshchyna voters – were actively competing for votes, often by means far 2.31 points, Svoboda – 2.04. from the election rules, effective legislation and norms of political culture. The described situation with observance of the For instance, even before the elections such means civil right to peaceful assembly is unfavourable for as abuse of administrative resources and vote buying canvassing by political forces and candidates involved were actively used. According to the project “Maidan in the election process. As witnessed by numerous Monitoring: Elections 2012”, before the official start instances of interference with canvassing of, mainly, of the election campaign the most common violations opposition candidates, the authorities, loyal political included vote buying (131 registered cases) and use forces and even courts fighting the opposition use of the administrative resource (61 cases).47 During the means tested over the past two years by the practice official election campaign (August-October), use of the of bans and violations of the civil right to peaceful administrative resource topped the list (457 cases) and assembly. Similarity of the scenarios of interference vote buying went second (366 cases) (Diagram “Rating with events organised by opposition candidates, of violations of the electoral legislation…”48).

Rating of violations of the electoral legislation (AugustOctober 2012), % of those polled August September October Total – 457 189 Total – 366 Total – 302 Total – 268 159 139 132 124 146 112 109 103 80 58 Total – 26 42 Total – 16

9 11 6 10 6 Use of the Vote Interference Unfair Use of Pressure administrative buying with political canvassing power on mass resource activity media

46 In December 2001 - June 2012, the average score of democracy only twice exceeded 3 points: in May, 2010 – 3.46, in October, 2010 – 3.07. After October 2010, the score steadily went down to the above-mentioned 2.8 points. 47 See Maidan Monitoring: Elections 2012 project. – Maidan web site, http://maidanua.org/vybory2012. 48 Source: Seventh report of national monitoring – parliamentary elections 2012: October, October 26, 2012, http://opora.org.ua (in Ukrainian).

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Use of administrative resource Public and Expert Opinions After the election campaign monitoring, analysts CITIZENS ON SOURCES OF VIOLATIONS of OPORA Civil Network made a conclusion that the AND FALSIFICATIONS AT ELECTIONS scope of abuse of the administrative resource in According to citizens, the main sources of violations and canvassing was “unprecedentedly broad”, there was “total falsifications at elections include: mobilisation of officials from the state and local self- • big business influencing politics – 27% (from 32% in the government bodies, public sector employees to participate Centre to 16% in the South); in the election campaign in favour of the ruling party • parliamentary candidates standing in single-member constituencies – 12%; and candidates in single-member constituencies”.49 • political parties – 10%; The following forms of the use of administrative • representatives of the central authorities – 10% (in the resources at the 2012 elections should be mentioned: three latter cases, regional differences were statistically coercion of “public sector employees” to canvass for the insignificant). ruling party;50 use of budget programmes for canvassing; Such rating of violators was reported by all age groups and 51 voters of all leading parties. Big business is seen as the main source canvassing at state and municipal institutions; of violations and falsifications by the voters of Svoboda (35%), interference with canvassing by (disloyal) political UDAR (33%) and Batkivshchyna (32%), least of all – of PR (21%) forces and parliamentary candidates;52 public support for and “Ukraine – Forward!” (25%). loyal candidates by state officials, including top officials Violations and falsifications are expected: from candidates standing in single-member constituencies – most of all by (so-called “VIP-canvassing”). voters of “Ukraine – Forward!” (15%), least of all – of Svoboda (5%); from political parties, respectively – by voters of Naturally, the ruling party – the Party of Regions – PR (13%) and Svoboda (5%); from representatives of the leads the use of administrative resources since exactly central authorities, respectively – by voters of Svoboda, UDAR that force has it in hand. The honorary leader of that party (18% each) and PR (5%). is Ukraine’s President, its official leader is the Prime Election commission members are seen as committers of violations and falsifications by only 7% of citizens (from 12% in Minister, PR members are three Vice Prime Ministers the South to 5% in the East). This opinion is most of all shared by and a number of ministers and heads of central executive the PR voters – 12%, least of all – of UDAR (4%). authorities, heads of all regional state administrations, EXPERTS ABOUT SOURCES OF VIOLATIONS AND chairmen of 20 regional councils, etc. The Party of FALSIFICATIONS AT ELECTIONS Regions holds vast information and financial resources, According to experts’ assessments, the main committers of it can use state and local budget funds in the election violations and falsifications at elections are: interests of the party, its partners and their parliamentary • representatives of the central authorities – 19%; candidates (Table “Parties with the highest rating taking • big business influencing politics – 18%; part in the 2012 Parliamentary Elections and their • representatives of the local authorities – 16%; resources”, pp.46-48). • political parties – 12%; • members of election commissions – 10%. Instances of the use of administrative resources for Voters were mentioned as potential violators and falsifiers by the benefit of the ruling party are neither suppressed nor only 2% of experts. Experts expect no violations from militia, courts, investigated by law-enforcement bodies – this situation the Armed Forces, international and Ukrainian non-governmental shows not only the total control of those bodies by the organisations. 14% of experts could not give a definite answer. presidential “branch” but also an open use of administrative Vote buying pressure to ensure the election results wanted by the authorities. Vote buying as a method of influencing the expression of citizens’ will be widespread during elections at different Summary data of public monitoring of the election levels in Ukraine. Several forms of vote buying are being campaign showed the leading position of the Party of used: from distribution of money, food and gifts for Regions in abuse of the administrative resources. Say, children – to equipment and materials supply to in October, OPORA Civil Network recorded 159 cases educational and medical institutions or to certain groups of abuses, 132 of them involved the Party of Regions; of citizens (from glasses for pensioners to bicycles for self-nominated candidates went second (26 cases).53 postmen). However, during the current election campaign

49 Ibid. 50 There were widely publicised reports that in April, 2012, the Vice Prime Minister for Social Policy ordered state administrations to urgently include 12 thousand temporary jobs in the manning schedule of social services. Later, mass media reported that the employment was conditioned by the obligation of the would-be workers to canvass for the ruling party by different means. See, e.g.: Regionals plan to hire 12 thousand canvassers for 400 million budget hryvnias (document). – Tyzhden, June 7, 2012; 12 thousand social workers work as canvassers of the Party of Regions. – TVi TV company web site, August 16, 2012, http://tv.tvi.ua (in Ukrainian). According to the Maidan Monitoring project, “the state hired 12 thousand such social workers for six months. And all of them get salaries from the State Budget. We received numerous reports from all regions of Ukraine about the activity of such canvassers. We also have a number of unfortunately undocumented yet reports that next to all of them were selected by local structures of the Party of Regions after proper training”. See: Harbar V., Zubar N., Severyn О., Yamshchykova L. Regular violations of election law. 40 days before voting. – Maidan web site, September 18, 2012 (in Ukrainian). 51 According to the Maidan Monitoring project, “canvassing at state and municipal institutions is widely spread in Odesa, Kharkiv regions and in the Crimea, but met everywhere… At schools, pupils were given souvenirs and even bags and raincoats with symbols of the Party of Regions, and therefore were made live advertising media. Attempts of manipulative use of children for achievement of the election result are especially striking. They were massive on September 1 … In one of the most savage cases, many schools in Constituency No.94 on September 1 simultaneously transmitted an audio recording of parliamentary candidate Tetyana Zasukha’s greeting with canvassing elements. See: Harbar V., Zubar N., Severyn О., Yamshchykova L. Regular violations of election law. 40 days before voting … 52 Spoilage or destruction of canvassing materials of political forces and candidates disloyal to the authorities were widely spread. One highly publicised case involved a billboard reading: “When I learned that my grandson voted for Regions, I bequeathed my house to the cat”. See: Big-board scared Regions. – Dniprodzerzhynsk online, 13 August 2012, http://dndz.com.ua; Designer of the billboard “A babushka and a cat” is on the wanted criminal list. – Ibid., August 14, 2012 (in Russian). 53 See: Seventh report of national monitoring – parliamentary elections 2012…

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 41 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE vote buying became an extremely widespread, first of districts are shown in Table “Top-10 election districts all – through charitable, mainly private, funds.54 that received the largest subsidies...”;55 the total budget subsidies allocated to Ukraine’s regions are presented on One should note two specific features of vote buying 56 in the current election campaign. The first one refers to the Map “Subsidies from the State Budget…”. The latest political forces and parliamentary candidates, the second – data show that the bulk of subsidies in 2012 was allocated to the public opinion, but taken together, they can to electoral regions of the Party of Regions. exert real manipulative influence on the expression of On the other hand, the public attitude to the voters’ will. phenomenon of “vote buying” strikes the eye. Therefore, political forces and candidates, first of Namely, only slightly more than half of citizens reported all – loyal to the government, actively used budget a negative attitude to vote buying – 51% (from 54% in funds allocated to the needs of the territories where the West and Centre to 46% in the East). Vote buying candidates from the ruling party and its partners is tolerated, “since voters do that because of their were standing. Some of those funds were far-sightedly hardship”, by 24% of citizens (from 28% in the East envisaged in the budget as far back as December, 2011, to 20% in the West and South). 19% of citizens reported at approval of the 2012 State Budget – as central budget indifference to “vote buying” (without serious regional subsidies to local budgets, some were envisaged by differences). amendments made to the State Budget since April and People’s attitude to different forms of vote buying is actually till the end of the pre-election campaign. The of interest. The majority of those polled unconditionally greatest sums allocated from the State Budget to specific see the following as vote buying:

Top-10 election districts that received the largest subsidies from the State Budget in 2012

Allocated Constituency MP standing in the Note budget funds, constituency, party that million UAH nominated the candidate 170 (28) No.47 Oleksiy Azarov Son of Ukraine’s Prime Minister. Donetsk region Noteworthy, in 2011, the city of Slovyansk (in that district) got from the State Budget UAH 15 million; in 2010, there were no subsidies at all. 155.2 No.54 Vladyslav Lukyanov (PR) VR member of the 5th and 6th convocations Donetsk region 152.5 (163) No.97 Serhiy Fedorenko (PR) According to media reports, a person connected Kyiv region with Ukraine’s Prime Minister Mykola Azarov 99.2 No.81 Artem Pshonka (PR) VR member of the 5th and 6th convocations. Zaporizhya region Son of Ukraine’s General Prosecutor 95 No.65 Volodymyr Lytvyn VR member of the 4th and 6th convocations, Chairman of VR Zhytomyr region of the 6th convocation. Volodymyr Lytvyn’s district got twice more funds than the other five districts in that region 74.8 No.95 Petro Melnyk (PR) VR member of the 3rd, 5th and 6th convocations; Kyiv region President of the National University of State Tax Service of Ukraine. According to media reports, he is a person connected with Ukraine’s Prime Minister Mykola Azarov 74 No.46 Serhiy Klyuyev (PR) VR member of the 5th and 6th convocations; Donetsk region Deputy Head of the Party of Regions Brother of – Ukraine’s NSDC Secretary 73.9 No.78 Valeriy Baranov (People’s Party) VR member of the 6th convocation; Zaporizhya region Chairman of the Parliamentary Budget Committee; according to Chesno movement, in 2011 and 2012 repeatedly proposed allocation of budget funds to the district, which is seen as a conflict of interests. 65.5 No.55 Valeriy Omelchenko (PR) Donetsk region 57.5 No.56 Vitaliy Bort (PR) VR member of the 5th and 6th convocations. Donetsk region

54 For instance, in August, 2012 observers from OPORA Civil Network recorded intense pre-election activity of 64 foundations in 22 regions of Ukraine. More than half (34) of those foundations belong to self-nominated candidates, 20 are canvassing tools of PR candidates, the rest were set up by or operate in the interests of candidates from Batkivshchyna and UDAR. – See: Fifth report of national monitoring – parliamentary elections 2012, September 4, 2012, http://opora.org.ua (in Ukrainian). 55 Sources: Azarov son’s district already got from state budget over 100 million hryvnias. – Novyi Region, September 21, 2012, http://www.nr2.ru/kiev/404767.html; Azarov helped his son with another 16 mio of budget funds. – SMIUA.net, October 3, 2012, http://smiua.net (in Russian); In the election period, budget gave over UAH 170 million to the district of Azarov’s son. – October 22, 2012, http://vybory.online.ua; Which candidate “snatched” more budget funds for the district: TVi investigation. – TVi web site, October 23, 2012, http://tvi.ua; Pavlo Rizanenko: to exempt me from the race, Azarov called a secret meeting in Brovary. – UDAR party web site, October 24, 2012, http://klichko.org; Leshchenko, S. Lytvyn. Administrative resource for the sake of victory. – Ukrayinska Pravda, October 25, 2012; personal data from Chesno web site. – http://www.chesno.org/meter/person (in Ukrainian). Note: different sources sometimes cited different data of allocated budget funds (e.g., data for district No.47 range from UAH 28 million to over 170 million). However, no report was refuted in court. 56 Source: Which candidate “snatched” more budget funds for the district: TVi investigation. – TVi web site, October 23, 2012, http://tvi.ua. The map was drawn up for the Tender News with Nataliya Sedletska programme (TVi TV channel) based on subsidies allocated to the region under the items “measures on socio- economic development of separate territories” and “funding of medicine and healthcare institutions”.

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Subsidies from the State Budget of Ukraine to Ukraine’s regional budgets in 2012, million UAH 38.0 99.3 Chernihiv 93.9 Lutsk 29.4 50.8 Rivne Sumy 30.8 Lviv Zhytomyr KYIV Kharkiv Ternopil 41.7 Khmelnytskyi Poltava 153.9 Cherkasy 106.2 Ivano 17.7 21.9 Vinnytsya 236.0 Frankivsk 66.1 122.5 Uzhhorod 192.1 74.1 Dnipropetrovsk Luhansk 20.0 Chernivtsi Kirovohrad 73.1 98.7 137.3 Donetsk Zaporizhya 829.7 Mykolayiv 95.4 269.4 62.3 Kherson Odesa 17.9

32.2 123.2 Simferopol Sevastopol Therefore, use of taxpayers’ money by the ruling FOR REFERENCE party (that administers budgets of actually all levels) for By electoral preferences, the least tolerant to vote buying its election interests combined with people’s unawareness are the voters of CPU (68%), Svoboda (63%) and Batkivshchyna of the nature of “generousness” of the authorities and (62%), more tolerant – of UDAR (49%) and “Ukraine – Forward!” (47%). More in favour of vote buying were the voters of candidates from the ruling party can lead to strong “Ukraine – Forward!” (27%) and PR (24%); less – the voters distortion of voters’ will on the election day. of Svoboda (12%) (Tables “What is your attitude to voters 3.3. EXTERNAL INFLUENCE ON “selling” their votes?”, p.52). THE SOCIO-POLITICAL SITUATION IN UKRAINE Noteworthy, 77% of respondents refused to answer the question “How much money are you ready to accept to vote Parliamentary elections in Ukraine arouse strong for a political force or parliamentary candidate, for whom interest of the world community – partner states, you would not vote otherwise?”. The rest quoted different international organisations, foreign experts and political amounts of the reward. The average price of a vote was figures. That interest is of different origin and nature. UAH 2 650 (a bit more than USD 300). Apparently, the elections results will have different impact on cooperation in the western (EU, US) and eastern (CIS, • payment of money to the people in exchange for the Customs Union, Russia) directions. a ballot on the election day – 88% (from 94% in the South to 83% in the West); Assessing the election situation at the end of October, • distribution of money to the people on behalf of 2012, the following conclusions can be made. a parliamentary candidate – 82% (from 90% in 1. There is no large-scale, coordinated and strong the South to 76% in the East); external influence on election processes, in particular, on • distribution of things, foodstuffs, etc. to the expression of voters’ will (for comparison, one should people on behalf of a parliamentary candidate – recall the large-scale collision of interests of the US and 72% (from 82% in the South to 63% in the East); the EU countries, on one hand, and Russia – on the other during the 2004 presidential elections in Ukraine). The EU • promise of a parliamentary candidate to invest significant funds in the district after elections in and US pressure on Ukraine, observed for the second year case of a victory – 53% (from 61% in the South in a row, is of a general political character and mainly takes to 46% in the East). forms of critical assessments of selective justice, criminal persecution of the opposition leaders on political grounds, Meanwhile, allocation of state budget funds to a curtailment of democratic processes in the country. district on the initiative of a parliamentary candidate 2. The parliamentary election results are of extreme for construction of roads, water pipelines, etc. is not importance for further development of Ukraine’s seen as vote buying by a relative majority of those relations with the EU. Their compliance with democratic polled – 46%. This opinion prevails in the South and standards will be critical for further partnership between East (in the Centre, the difference between those who Kyiv and Brussels (not only the fate of the Association agree and disagree with it is statistically insignificant), Agreement or visa facilitation agreement but the entire among youths of 18-29 years, and among PR voters, set of mutual relations in the middle run). where their dominance is especially strong (56% of PR 3. Elections (in case of their recognition undemocratic voters do not see allocation of budget funds to a “friendly” and imposition of sanctions on Ukraine) may seriously district as vote buying – against 29% of those who stick influence home policy developments in Ukraine. An to the opposite opinion (Table “Do you think that the alternative to isolation in the West may be presented by following may be termed as ‘vote buying’…?”, p.54). integration in the East (Customs Union).

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External context of the election campaign international standards”. The European leaders voiced Outlining the external context of parliamentary their regret that “the consequences of the current situation elections, the following should be noted. will prevent two important leaders of the opposition from standing in parliamentary elections following trials which First. The election campaign takes place against the did not respect international standards as regards fair, background of a deep crisis in relations between Kyiv transparent and independent legal process”.61 and Brussels, mainly – due to domestic developments Second. The US authorities give similarly negative in Ukraine (first of all, low efficiency of socio-economic assessments to domestic developments in Ukraine. reforms, fighting corruption, erosion of the judicial This was shown in the EU-US Summit Joint Statement system, estrangement of the authorities from society). (November 2011) that made an emphasis on cooperation EU leaders are especially concerned with the growth in promoting democracy and encouraging modernisation of authoritarian trends in the country, curtailment of in East European countries (including Ukraine).62 At democratic processes, political bias of courts used for the Seoul Nuclear Security Summit in March, 2012, the persecution of the opposition leaders. US President Barack Obama during the meeting with The latter affects Ukraine’s relations with the EU Ukraine’s President Viktor Yanukovych raised concerns most of all. This primarily refers to the conviction of “about selective prosecutions of the political opposition”.63 former government officials – Yuliya Tymoshenko, Yuriy On September 22, 2012, the US Senate passed a Lutsenko, Valeriy Ivashchenko. In particular, Yuliya resolution condemning “selective and politically motivated Tymoshenko’s case caused a colossal negative echo prosecution and imprisonment of former Prime Minister in the world: persecution of the opposition leader was ” and calling upon the US Department unanimously condemned by leaders of the EU countries, of State to institute a visa ban “against those responsible the US, Canada, other countries of the world, reputable for the imprisonment…”.64 57 international organisations. US state figures, public organisations, representatives The EU leadership and leaders of the European of the political establishment critically assess domestic countries rather critically assess the situation in Ukraine. developments in Ukraine, first of all – persecution of Before and during the election campaign the European the opposition leaders. Statements to that end were made Union made a number of categorical statements. The EU by the US Department of State Spokespersons Mark High Representative for Foreign Affairs and Security Toner and Victoria Nuland, the US Ambassador to Policy, Catherine Ashton, during the European Parliament Ukraine John Tefft, president of the US Association of sitting on September 11, 2012, stressed that the EU wanted Former Members of Congress Jim Slattery, the former to see “progress in three spheres – [the elimination of] US State Secretary Condoleezza Rice and others. selective justice, the holding of free and fair parliamentary Third. Reputable international organisations elections on October 28, and the resumption of suspended negatively assess the domestic situation in Ukraine. reforms on the joint agenda of Ukraine and the EU”.58 Deep concern of the European community about the The President of the European Commission, Jose developments in Ukraine, in particular, curtailment Barroso, speaking at an Annual Conference of EU Heads of democratic processes, was witnessed by the PACE Resolution (January 26, 2012) and OSCE Parliamentary of Delegation on September 4, 2012, said: “We have 65 completed negotiations with Ukraine, but the signing Assembly Resolution (July 8, 2012). The documents of the Agreement will depend on the dedication of Kiev stressed inadmissibility of selective justice, criminal European values”.59 persecution of the opposition. OSCE PA called upon Ukraine “to release all political prisoners”.66 Both A similar stand was reported in the European Parliament documents stress the importance of conducting the election Resolution of September 12, 2012, whose members campaign in Ukraine in line with international democratic demanded from the Ukrainian authorities guarantees of standards. the rule of law, respect for human rights, and an end to 60 Reputable international organisations (Freedom House, persecution of the opposition. Amnesty International, Transparency International, On September 14, 2012, the EU Commissioner for Economist intelligence, etc.) also report deterioration Enlargement and European Neighbourhood Policy Štefan of the state of democracy in Ukraine. According to their Füle, the Minister of Foreign Affairs of Sweden Carl Bildt assessments, the level of democratic development in the and the Chairman of the Foreign Affairs Committee of country generally goes down; political civil rights and the European Parliament made a joint the freedom of media are not guaranteed; the situation statement stressing that “The legitimacy of the future with fighting corruption is worsening.67 The Freedom parliament will depend on the conduct of the elections House report “Sounding the Alarm Round 2: Protecting which need to be free and fair, in accordance with high Democracy in Ukraine” stressed: “Today, the two greatest

57 For more detail see: EU-Ukraine-Russia relations: problems and prospects. The Razumkov Centre’s analytical report. – National Security & Defence, 2012, No.4-5, p.5-6. 58 would like to see progress in Ukraine and cites Moldova as a model. – UNIAN, September 11, 2012 (in Ukrainian). 59 Europe promised to Kyiv on the condition of adherence to values. – Ukrayinska Pravda, September 4, 2012 (in Ukrainian). 60 European Parliament called upon Ukraine to cancel officials’ responsibility for political acts. – Ukrainskie Novosti, September 13, 2012, http://un.ua (in Russian). 61 Füle, Bildt and Brok told Yanukovych that legitimacy of the future Verkhovna Rada would depend on the course of elections. – UNIAN, September 14, 2012 (in Ukrainian). 62 In the document, the parties called upon Ukraine’s Government “to make good on commitments to uphold democratic values and the rule of law, notably to ensure a fair, transparent and impartial process in trials related to members of the former Government including any appeal in the case of Ms Tymoshenko”. See: USA and EU call upon Kyiv to let Tymoshenko to elections. – Ukrayinska Pravda, November 29, 2011 (in Ukrainian). 63 Obama raised US concerns to Yanukovych about prosecutions of the Ukrainian opposition. – UNIAN, March 28 2012 (in Ukrainian). 64 For the Resolution text see: US Senate web site, http://www.foreign.senate.gov/imo/media/doc/S%20Res%20466.pdf. 65 See, respectively: PACE Resolution on Ukraine (full text, as amended). – Tyzhden web site (in Ukrainian), January 28, 2012; OSCE official web site – http://www.oscepa.org. 66 Ibid. 67 See: EU-Ukraine-Russia relations: problems and prospects..., p.5.

44 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS factors undermining Ukraine’s democracy are selective one of the main factors shaping the partners’ political prosecutions of political opponents and the expansion stand on the election results in Ukraine. 68 of corruption as an integral form of governance”. As of October 26, 2012, CEC registered 3,797 Fourth. For Russia, the problem of the Ukrainian international observers from foreign countries and elections so far remains “out of focus”. In this connection international organisations. The most reputable and the one may just recall the greeting of the Head of the Russian largest (635 persons) of them is the OSCE Office for Government to delegates of the 16th Democratic Institutions and Human Rights (ODIHR) Congress of the Party of Regions (July 31, 2012).69 mission. Monitoring will also involve the International Expert Centre for Electoral Systems (ICES), the European By contrast to the EU and US, Russia does not care Network of Election Monitoring Organisations (ENEMO), about democratic electoral process in Ukraine since, international non-governmental organisation CANADEM, on the one hand, the practice of elections in the Russian the National Democratic Institute of International Affairs Federation is no better than in Ukraine, and requirements (NDI), the CIS Inter-Parliamentary Assembly, etc.72 of the rule of law and democracy development are not decisive for accession to Eurasian integration structures Analysing the progress of the present election (CEZ, the Customs Union). On the other hand – the campaign, international observers (ENEMO and NDI) Russian leadership is evidently well aware that the made public a number of violations recorded by them: election results will not seriously influence the nature of (а) drawing in district election commissions did not the bilateral dialogue. ensure equal representation of all political parties; (b) initial sittings of precinct commissions were not Meanwhile, assessing the influence of foreign media, properly organised; (c) TVi channel broadcasting it should be noted that Russia has a far greater presence limitations; (d) physical obstacles for election meetings; in the Ukrainian media space than European countries or (e) abuse of the administrative resource (in particular, the US. So one cannot rule out, say, a possible negative presentation of local authority projects funded from the effect on the election results of the opposition forces from State Budget as personal contributions of candidates; timed reports of the Russian Minister of Defence claiming (f) poor re-division of constituency borders; (g) self- for UAH 3.2 billion of former UESU debts;70 heating up censorship, sponsored materials in mass media.73 tension in the gas sector, etc. It may be expected that the most reputable ODIHR International observers mission will take rather a tough stand. On September 12, Assessments of foreign and international the Head of the Mission, Audrey Glover, said at a press institutions are an element of foreign influence on the conference: “We have read instructions of PACE and the European Parliament, and will take these documents election processes in Ukraine via the mechanisms of 74 control of Ukraine’s observance of its international into account while drawing up its conclusions”. Those obligations concerning conduct of elections. Such resolutions carry demands ignored by the Ukrainian influence may be termed legitimate, governed by norms authorities, in particular, to free former government of the international law.71 members – opposition leaders Yuliya Tymoshenko and and to give them an opportunity to take In Ukraine, the institute of observers evolved towards part in the elections (Box “Resolutions of PACE and an increase in their number and perfection of their legal European Parliament on Ukraine”, p.49). powers. It will be very important at parliamentary elections On September 21, the PACE observer delegation as a mechanism of long- and short-term monitoring of released a statement stressing that the “parliamentary organisation and conduct of the electoral process. elections… will be a litmus test of Ukraine’s Apparently, the current authorities are most of all commitment to democratic principles as a step towards 75 interested in positive assessments of observer missions. further European integration”. Despite the specificity of the mixed electoral system and The election campaign in Ukraine aroused much actual impossibility to control the electoral process at all interest among many countries and international polling stations (totally numbering 33 762), the experience organisations. But while for the West, those elections gained by observers during previous election campaigns are an indicator of the level of democracy in Ukraine in Ukraine will let them produce the general picture of critical for the character of the future dialogue, the level of democracy, competitiveness and transparency for Russia, they are just an intermediary stage for of the electoral process, and their conclusions will be promoting its own integration initiatives.

68 Persecution of political opponents and corruption most of all undermine democracy in Ukraine – Freedom House. – UNIAN, July 5, 2012 (in Russian). 69 See: On behalf of United Russia party, Dmitry Medvedev greeted delegates of the Party of Regions Congress. – Party of Regions web site, July 31, 2012, http://www.partyofregions.org.ua 70 UESU – United Energy Systems of Ukraine company (1995-2009). In 1995-1997, it was led by Yuliya Tymoshenko. 71 For more detail see: Foreign factor at presidential elections-2004..., p.3-13. 72 ICES is a non-governmental public non-profit organisation uniting experts from the USA, Great Britain, the Netherlands, Germany and Israel. ENEMO is an international organisation uniting public organisations of different countries; monitors elections-2012 in Ukraine with support from the Foreign Ministry of Germany, the Governments of Great Britain, the Netherlands, the USA and the Black Sea Trust for Regional Cooperation. CANADEM is an international non-profit organisation uniting experts from different countries supported by the Canadian International Development Agency and Canada’s Foreign Ministry. NDI is a non- profit non-governmental organisation established in the USA to promote democratic processes all over the world. Election monitoring is one of the NDI functions. 73 For more detail see: ENEMO observers report many violations during Rada election campaign 2012. – Interfax-Ukraine, September 11, 2012 (in Russian); ENEMO observer mission reports a number of negative trends during the election campaign in Ukraine. – UNIAN, September 11, 2012 (in Ukrainian); Observers from NDI speak of the need to solve problems threatening fair conduct of elections. – UNIAN, September 17, 2012 (in Russian). 74 See: OSCE will assess elections with account of the European stand on Tymoshenko and Lutsenko. – Ukrayinska Pravda, September 12, 2012 (in Ukrainian). 75 See: PACE observer delegation: Elections will be a litmus test of Ukraine’s commitment to democracy – UNIAN, September 22, 2012 (in Ukrainian).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 45 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE 1 Basic regions Rating 28,1% (hereinafter – % of those who plan to go to the polls) Basic regions: South – 45.9% East – 44.6% 9 6 7 8 Financial support Election rating Possibility of using state and local budget funds, resources earmarked for implementation of economic and social initiatives of the President in election campaign FIGs’ support: R.Akhmetov V.Pinchuk D.Firtash Resources of candidates from the top of the party list Resources of candidates in single- member constituencies Pressure of business (forced sponsorship) Party media, information resources TV channels: Ukrayina, First National Regional cable networks Segodnya newspaper All municipal media , co-founded by RSA, DSA, regional councils Newspapers of regional PR organisations: Region Krym, Volyn-Region, Region-Ekspress (Zaporizhya) Kievskaya Regionalnaya, Ploshchad Svobody (Kirivohrad) Zhizn Regiona (Luhansk) Zaria Regiona, Regionalnyi Vestnik (Odesa) Poltavskiy Region, Rivnenskiy Region, Region-Sevastopol, Region, Sumskoy Regionov Vremia Kharkovshchiny, Region Tavricheskiy (Kherson) Cherkasskaya Regionalnaya, Region Sivershchina, Region-Donbass RESOURCES RSA heads, local council members Heads of all RSA, Kyiv, Sevastopol CSA Heads of 20 regional councils Heads of towns, settlements, villages Local council members Representatives in the Government Prime Minister М.Azarov Vice Prime Ministers С.Tihipko B.Kolesnikov R.Bohatyryova Ministers: А.Blyzniuk Yu.Boyko К.Hryshchenko М.Kulyniak О.Lavrynovych М.Prysyazhnyuk D.Salamatin Е.Stavytskyi D.Tabachnyk 2 194 196 MPs 1 395 307 27/-/32 000 Party strength, number of regional, district, local organisations “From stability to prosperity” XIV Congress July 30, 2012 Election programme Party leader five of the Top party election list М.Azarov – V.Yahukovych honorary party leader 1.М.Azarov 2.Т.Povaliy 3.С.Tihipko 4.А.Kliuyev 5.О.Yefremov PARTIES WITH THE HIGHEST RATING TAKING PART IN THE 2012 PARLIAMENTARY ELECTIONS AND THEIR RESOURCES IN THE 2012 PARLIAMENTARY PART TAKING WITH THE HIGHEST RATING PARTIES Party name, registration date Party of Regions ( previous names – Party of Regional of Ukraine Labour Solidarity of Ukraine; Party of Regional Revival of Ukraine ) November 6, 1997 No.939 Number in the ballot Item 1. 20

46 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS Rating 8.2% Basic regions: South – 14.4% East – 11.1% Rating 11.5% Basic regions: Centre – 16.8% – 15.7% West Rating 25.6% Basic regions: – 43.2% West Centre – 29.7% Rating 4.0% Basic regions: – 5.5% West Centre – 5.3%

9

7 7 7 6 7 7 7 8 6 Resources of the State Customs Service of Ukraine Head І.Kaletnyk Resources of candidates from the top of the party list Resources of candidates in single- member constituencies Pressure of business (forced sponsorship) FIGs’ support: V.Pinchuk FIG support: V.Pinchuk І.Kolomoyskyi P.Poroshenko Resources of candidates from the top of the party list Resources of candidates in single-member constituencies І.Kolomoyskyi Resources of candidates from the top of the party list Resources of candidates in single- member constituencies single- О.Yurakov member constituency 95 Resources of candidates from the top of the party list Resources of candidates in single-member constituencies К.Zhevaho D.Firtash FIGs’ support: R.Akhmetov ) 7 Channel th Gamma TV company Komunist newspaper Ukrayiny Komunist CPU Central Committee journal TV channels: 5 TV channels Inter (indirect influence via the group of D.Firtash) “ 1+1 ” (indirect influence via the group of І.Kolomoyskyi) (indirectly, via Yu.Stets TVi (М.Kniazhytskui (№11) Visti Vechirni newspaper local council members members council members in 15 regions –– local council –– 399 local –– State Customs Service of Ukraine Head І.Kaletnik 4 3 5 118 4 І.Herashchenko (No.6) V.Chepynoha (No.40) O.Herasymyuk single-member constituency 139 К.Kulykov single-member constituency 212 3 N.Korolevska (No.1) Ye.Suslov (No.7) О.Lohvynenko (No.21) 99 25 10 000 24/596/- 150 000 27/-/- 70 000 27/–/5 843 96 000 27/844/- “From a successful individual – to a successful country” Х Congress August 1, 2012 “A fair state, an honest government, a decent life” July 30, 2012 XI Congress (stage ІІ) 10 priorities of economic plan: “A new economy – a new country” Х Congress 1 August 2012 “We’ll return “We’ll the country to the people!” Congres XLV July 30, 2012

3. V.Nalyvaichenko 4. О.Prodan 5. V.Kovalchuk Yu.Tymoshenko 2. А.Yatseniuk 3. А.Grytsenko 4. О.Turchynov 6. V.Kyrylenko 7. H.Nemyria V.Klychko 1. V.Klychko 2. М.Matios N.Korolevska 1. N.Korolevska 2. А.Shevchenko 3. О.Stupka 4. R.Vasko 5. I.Yemets P.Symonenko 1. P.Symonenko 2. P.Tsybenko 3. І.Spirina 4. S.Kilinkarov 5. О.Prysiazhniuk

Political party All-Ukrainian Association Batkivshchyna September 16, 1999 No.1222 Political party UDAR (Ukrainian Democratic Alliance for Reforms) of Vitaliy Klychko ( previous names – Political party New Country; Political party European Capital ) March 14, 2005 No.112 Nataliya Party Korolevska’s Ukraine – Forward ! ( previous name – Ukrainian Social Democratic Party ) December 11, 1998 No.1102 Communist Party of Ukraine October 5, 1993 No.505 2. 19 4. 17 5. 6 3. 3

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 47 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE Basic regions Rating 3.8% Basic regions: – 12.5% West 10 Financial support Election rating Resources of candidates in single- member constituencies Party Business Council (some 200 persons Party media, information resources Municipal media , co-founded by Lviv, Ivano-Frankivsk, regional Ternopil councils Svoboda newspaper RESOURCES RSA heads, local council members Lviv, Ivano- Frankivsk, Ternopil regional councils local council members –– Chairmen of in Ukrainian ). Representatives in the Government –– MPs 15 000 27/125/- Party strength, number of regional, district, local organisations NЕWSru.ua web site, September 3, 2012, http://rus.newsru.ua ( in Russian ). Ukrayinska Pravda , September 12. 2012, http://www.pravda.com.ua ( in Ukrainian ) . Election programme “Own power – Own property – Own dignity on Own God-given land” ХХIV Congress 1 August 2012 О.Tyahnybok 1. О.Tyahnybok 2. B.Beniuk 3. A.Mokhnyk Party leader five of the Top party election list 4. І.Miroshnychenko 5. О.Shevchenko Political party All-Ukrainian Association Svoboda ( previous name – Social National Party of Ukraine ) October 16, 1995 No.686 Party name, registration date Number in the ballot Ratings quoted after the results of poll held on August 10-15, 2012. 2,009 respondents were polled. Svoboda is funded by the Service Club of 200 men, but only three may come to Rada. – 6. 11 Item Together with national deputies Yu.Kruk (Reforms for the Future group) and V.Pysarenko (independent) nominated by the Party (Reforms for the Future group) and V.Pysarenko Regions in single-member constituencies – respectively, No.143 і No.168. of with national deputies Yu.Kruk Together (independent). with VRU Deputy Chairman M.Tomenko Together (No.9), М.Dzhemilyov (No.6), B.Tarasiuk (No.3), V.Kyrylenko (No.2), А.Grytsenko with 19 national deputies – members of the NUNS bloc faction. 15 them were entered in election list Batkivshchyna party: А.Yatseniuk Together with VRU First Deputy Chairman А.Martyniuk (independent). Together S. Oligarchs at elections: asphalt compactor of . – Leshchenko, Pinchuk places in all on Klychko, stakes Oligarchs at elections: Kolomoyskyi – Ukrayinska Pravda , September 7, 2012 (S.Leshchenko. Pinchuk places in all baskets. on Klychko, stakes S. Oligarchs at elections: Kolomoyskyi Leshchenko, Pravda, September 10, 2012 ( in Ukrainian ). on constituencies. – Ukrayinska and stakes friends with Klychko group makes S. Oligarchs at elections: Lyovochkin-Firtash Leshchenko, A businessman was forced to remit 30 thousand the Regions and Communists? – Ukrayinska Pravda, September 14, 2012 ( 1 2 3 4 5 6 7 8 9 10 (No.12), М.Martynenko (No.17), А.Parubiy (No.21), L.Orobets (No.26), H.Moskal (No.32), R.Kniazevych (No.37), V.Koval (No.59), Yu.Stets (No.63), V.Moisyk (No.79), R.Tkach (No.86), Yu.Hrymchak (No.91); 4 – nominated by Batkivshchyna (No.63), V.Moisyk (No.79), R.Tkach (No.86), Yu.Hrymchak (No.12), М.Martynenko(No.59), Yu.Stets (No.17), А.Parubiy (No.21), L.Orobets (No.26), H.Moskal (No.32), R.Kniazevych (No.37), V.Koval No.220). in single-member constituencies (М.Katerynchuk No.13, K.Liapina No.216, V.Aryev No.218, О.Chornovolenko Noteworthy, some national deputies stand at elections as self-nominees, although they are supported by parties. revealed by Roman Zabzaliuk, the true attitude Given the information of the Party of Regions (the authorities) to a candidate supportedmay be seen only from the analysis of election campaign in a specific district. Meanwhile, some self-nominated MPs were not by their parties.oppose PR E.g., members of the PR faction О.Chernomorov and V.Konovaliuk nominees in their constituencies. Batkivshchyna and UDAR some single-member constituencies also had no candidates due to nomination of other opposition candidates. – Ukrayinska Pravda, September 7, 2012 (in Ukrainian). baskets.

48 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

Fair and transparent conduct of parliamentary RESOLUTIONS OF PACE AND EUROPEAN elections and corresponding assessments of foreign PARLIAMENT ON UKRAINE ON UKRAINE76 observers will be insufficient but a necessary PACE Resolution of January 26, 2012 precondition for removal of the crisis of trust and “The functioning of democratic institutions in Ukraine” deepening interaction with the EU. If they are The Assembly considers that Articles 364 and 365 of the recognised undemocratic, there will be a threat of Ukrainian Criminal Code are overly broad in application and international isolation of Ukraine and retargeting of effectively allow for post facto criminalisation of normal political its foreign policy to Eurasian integration. decision-making. This runs counter to the principle of the rule of law and is unacceptable. The Assembly therefore urges the Conclusions authorities to promptly amend these two articles of the Criminal Code in line with the Council of Europe’s standards and for the The parliamentary election campaign in Ukraine charges against former government officials which are based takes place in rather unfavourable socio-economic on these provisions to be dropped. The Assembly wishes to conditions. Key indices of the national economy emphasise that the assessment of political decisions and their witness negative trends affecting the social wellbeing effects is the prerogative of parliaments and, ultimately, of the of the overwhelming majority of Ukrainian citizens. electorate, and not of the courts. In this respect, the Assembly asks the President of Ukraine to consider all legal means available Indices of public wellbeing witness the spread of to him to release these former government members and to allow poverty among workers, growth of wage arrears, them to compete in the upcoming parliamentary elections… first of all – in the public sector, slowdown of growth With regard to the independence of the judiciary, the Assembly of Ukrainian family savings, general deepening of reaffirms its deep concern about the lack of independence of the property polarisation in society, etc. Those things lead judiciary and considers that this is the principal challenge for the to mistrust in the institutes of governance, make most justice system in Ukraine. citizens sure that all supreme institutes of governance, The Assembly considers that the implementation of its including Parliament, primarily act in the interests of recommendations, and especially those relating to the criminal big capital and/or shadow dealers. prosecution of former government members, would signal the commitment of the authorities to the norms and values of In the recent years, socio-economic problems have the Council of Europe. Conversely, failing to do so, within a been complemented with problems of violation of reasonable timeframe, would raise serious questions regarding civil rights, in particular – the rights to freedom of the authorities’ commitment to the principles of democracy and speech and peaceful assembly. Growing public protests the rule of law, which should lead to an appropriate response of encounter ever tougher resistance of the authorities the Assembly. resorting either to court bans on peaceful meetings, European Parliament Resolution of May 24, 2012 or – ever more often – to their forcible crackdown, …whereas a comprehensive reform of some of the judiciary including with Berkut special units. Such actions of the and measures to ensure respect for the rule of law in criminal investigations and prosecutions, including the principle of fair, authorities can only result in growing spirits of protest. impartial and independent judicial proceedings, has not yet been As a result, public dissatisfaction with the socio- implemented in Ukraine; whereas these reforms must be developed economic situation in the country and the authorities’ in close cooperation with the Venice Commission; whereas a ruling on the cassation appeal in Ms Tymoshenko’s case against the advance on civil rights, as well as growing spirits of decision of Pechersk District Court in Kyiv is expected on 26 June protest lead to radicalisation of the voters’ choice, 2012; i.e., significant support for extreme right and/or left ...whereas the sentencing on 11 October 2011 of Ukraine’s political forces at the present parliamentary elections. former Prime Minister Yulia Tymoshenko to seven years in prison, The election campaign witnesses the authorities and the trials of other high officials of the former government are not acceptable and constitute an act of selective justice; whereas (the ruling party) using, firstly, impediments for serious deficiencies are noted with regard to the independence of peaceful rallies tested in the past two years, that are the judiciary and the lack of reform in all aspects of the judicial now used against canvassing events of the opposition process: prosecution, trial, sentencing, detention and appeals… parties and candidates. Secondly – the unprecedented [European Parliament] abuse of the administrative resources and indirect Reaffirms its concerns about the judicial proceedings against vote buying: allocation of budget funds to solve social former and current high government officials, which were not problems in electoral regions of the Party of Regions conducted in accordance with European standards of fairness, and districts where candidates nominated by it and impartiality, transparency and independence; calls for the its allies stand. Such vote buying (impossible without unconditional immediate release of all prisoners sentenced on administrative resources) can indeed influence voters’ politically motivated grounds, including leaders of the opposition… will since, according to public opinion polls, most Calls on the Ukrainian authorities to distinguish between political of them do not see the true nature and goal of such and criminal responsibility and to change the existing criminal penal code accordingly; stresses that the democratic struggle for budget allocations. political decisions must take place in parliament, with participation Therefore, during the electoral race, the ruling political by voters in free elections, and must not be destroyed by personally forces more than others use tools for manipulation of or politically motivated acts of criminal prosecution and manipulated judgments in the criminal courts; voters’ will. Meanwhile, the international community sees the upcoming elections as probably the last chance Calls on the Ukrainian authorities to clarify the situation of prisoners sentenced on politically motivated grounds before the for Ukrainian authorities to show their readiness to start of the election campaign… follow the principles of the rule of law and restore the competitiveness of Ukraine’s political system. Therefore, the utmost compliance of elections with international 76 Full texts: PACE Resolution on Ukraine. – Ukrayinska Pravda, January 26, 2012; European Parliament Resolution: Ukraine must free Tymoshenko and standards is a vital task both for the authorities and Lutsenko. – Ukrayinska Pravda, May 24, 2012. civil society in Ukraine.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 49 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

How did the situation in Ukraine change in the following sectors during the presidency of Viktor Yanukovych and premiership of Mykola Azarov? % of citizens polled

REGIONS AGE PARTY AFFILIATION Forward! – UKRAINE CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Changed for the better 23.2 15.2 20.3 46.6 19.6 18.9 21.4 23.3 25.2 26.8 11.5 8.5 24.3 21.3 53.3 17.2 16.5 Changed for the worse 35.5 45.5 42.4 19.7 30.0 34.6 32.7 37.8 35.4 36.8 52.1 62.7 42.3 38.7 7.2 34.4 35.2 Pensions Did not change 33.4 31.9 32.5 20.0 41.2 32.4 37.0 34.0 32.2 32.1 31.4 25.4 29.7 28.0 33.7 36.9 38.5 Hard to say 8.0 7.5 4.2 12.1 8.7 13.9 8.7 4.1 6.4 3.9 4.9 3.4 3.6 10.6 5.6 10.8 9.8 Changed for the better 15.5 4.1 10.5 31.1 20.1 13.4 13.9 14.2 18.3 17.6 1.5 6.8 15.2 2.6 49.2 1.9 11.9 Economic Changed for the worse 47.6 63.8 54.5 35.7 36.7 49.7 48.7 51.5 44.5 44.8 71.8 72.9 44.6 55.3 9.6 55.8 47.7 situation in the country Did not change 29.1 27.2 31.5 23.3 30.4 27.9 29.9 29.1 30.5 28.8 24.0 13.6 30.4 25.0 34.0 37.2 30.9 Hard to say 7.7 4.4 3.1 8.5 11.9 9.0 7.2 4.7 5.2 7.8 2.5 3.4 9.8 17.1 6.5 4.5 9.2 Changed for the better 14.5 24.7 10.3 22.5 9.0 13.0 13.6 16.2 16.3 14.3 12.7 28.8 9.8 11.8 24.9 14.7 9.5 Status of the Russian- Changed for the worse 17.6 19.8 22.3 11.4 14.5 19.8 19.1 20.6 15.7 13.7 26.7 25.4 16.1 19.7 3.3 16.0 17.8 speaking Did not change 56.8 40.9 59.6 54.6 64.4 54.2 56.5 54.8 57.6 60.4 46.8 35.6 68.8 57.9 65.3 57.1 60.4 population Hard to say 11.0 14.4 7.2 10.5 11.9 12.6 10.4 8.1 10.2 11.0 13.2 10.2 5.4 10.5 6.3 12.2 12.3 Changed for the better 12.5 2.8 11.0 23.9 14.5 9.9 12.1 13.1 15.1 13.1 1.2 1.7 9.9 2.6 44.9 1.9 5.5

Overall situation Changed for the worse 48.9 66.8 54.2 34.3 39.9 50.9 52.2 51.7 44.2 46.5 75.0 76.3 43.2 56.6 10.2 64.3 47.1 in the country Did not change 30.3 26.0 29.6 28.8 34.1 30.2 28.2 28.2 31.1 32.4 18.6 18.6 34.2 30.3 37.4 32.5 35.8 Hard to say 8.4 3.9 4.5 11.8 11.1 8.6 7.2 6.1 8.1 7.6 4.7 3.4 12.6 10.5 6.5 1.3 11.6 Changed for the better 12.4 3.1 7.7 22.9 17.7 10.4 12.7 11.6 13.9 13.5 1.2 0.0 9.8 3.9 44.1 0.6 6.7 Confidence Changed for the worse 49.2 64.5 57.3 36.3 38.4 52.5 52.3 52.6 44.9 45.1 75.5 74.6 50.0 57.9 8.6 61.1 46.8 of citizens in the future Did not change 34.0 30.1 32.9 32.0 38.4 32.2 31.8 31.7 37.4 36.5 21.6 25.4 36.6 27.6 43.1 35.0 39.4 Hard to say 4.3 2.3 2.0 8.5 5.0 4.6 3.2 3.8 3.8 4.3 1.7 0.0 3.6 9.2 4.0 3.2 7.0 Changed for the better 12.0 7.7 11.9 20.3 10.7 11.7 10.1 10.2 13.1 13.7 2.9 5.1 11.6 5.3 34.7 3.8 6.7 International Changed for the worse 51.2 64.8 58.2 39.7 41.6 52.5 55.4 53.4 50.9 46.4 72.5 78.0 48.2 52.6 18.9 67.5 49.2 image of Ukraine Did not change 26.5 22.1 25.3 27.9 29.5 24.7 25.8 28.9 26.7 26.6 18.4 11.9 27.7 31.6 34.0 25.5 28.7 Hard to say 10.4 5.1 4.3 11.1 17.8 10.8 8.4 7.3 9.0 12.5 5.6 5.1 12.5 9.2 12.1 3.2 15.3 Changed for the better 11.7 5.9 7.9 21.6 14.3 11.2 12.1 10.7 11.3 12.7 2.5 1.7 8.2 6.7 35.6 3.8 7.4 Observance of Changed for the worse 37.5 49.6 45.5 23.9 28.8 41.0 38.7 42.0 33.1 33.7 58.8 65.0 33.6 48.0 6.5 47.1 32.5 the law by state servants Did not change 40.8 35.5 39.3 43.6 44.2 34.8 41.6 41.7 45.9 41.6 32.8 30.0 50.9 33.3 48.4 39.5 45.4 Hard to say 9.9 9.0 7.2 10.5 12.5 13.0 7.5 5.2 9.6 11.8 5.9 3.3 7.3 12.0 9.5 9.6 14.7 Changed for the better 10.8 3.9 9.0 22.9 11.1 8.4 9.5 10.8 12.8 12.5 1.0 3.4 9.0 2.6 37.6 1.9 5.5 Transparency Changed for the worse 39.8 57.8 50.0 24.2 26.3 41.2 39.0 44.8 38.8 36.3 64.9 74.6 27.0 48.7 6.8 55.4 38.3 and publicity of the authorities Did not change 39.5 28.5 35.3 42.5 48.7 38.1 43.6 37.2 38.3 40.2 27.8 18.6 52.3 39.5 47.0 35.7 41.7 Hard to say 10.0 9.3 5.4 9.8 13.7 12.1 7.8 7.0 9.6 10.4 5.9 3.4 11.7 9.2 8.6 6.4 14.4 Changed for the better 9.8 2.3 7.4 22.3 10.8 8.8 9.0 11.0 10.2 10.2 1.0 5.1 8.1 0.0 34.6 1.9 4.6 Observance of Changed for the worse 41.2 67.6 46.7 24.6 27.9 42.4 42.8 47.5 38.1 36.9 67.1 76.3 30.6 46.7 7.0 52.9 37.6 civil rights and freedoms Did not change 41.7 26.2 40.7 43.3 51.1 39.3 43.1 34.5 45.3 45.3 28.5 18.6 53.2 42.7 52.6 37.6 48.9 Hard to say 7.2 3.6 4.8 8.5 10.1 9.5 4.9 6.1 5.8 7.3 3.4 0.0 8.1 10.6 5.8 6.4 8.9 Changed for the better 9.2 3.9 11.2 6.2 11.7 8.6 6.4 9.0 11.0 10.8 2.0 0.0 11.6 2.7 28.4 1.9 5.8

Wellbeing of Changed for the worse 46.3 52.6 52.0 34.6 42.3 46.3 48.0 50.3 42.2 45.3 60.2 64.4 53.6 54.7 10.7 49.7 51.8 your family Did not change 40.4 39.9 35.2 51.0 40.8 40.7 42.2 36.6 42.4 40.0 34.6 30.5 34.8 37.3 58.1 44.6 37.5 Hard to say 4.1 3.4 1.2 6.9 5.0 4.4 3.5 3.5 3.5 3.5 2.9 5.1 0.0 5.3 2.8 3.8 4.9

50 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

How did the situation in Ukraine change in the following sectors during the presidency of Viktor Yanukovych and premiership of Mykola Azarov? % of citizens polled (continued)

REGIONS AGE PARTY AFFILIATION Forward! – UKRAINE CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Changed for the better 9.1 3.3 5.9 18.7 11.4 7.9 7.5 8.7 11.0 10.4 0.7 0.0 7.1 0.0 33.2 0.6 5.5 Attitude of the Changed for the worse 40.7 58.2 47.2 23.9 31.7 42.7 39.8 45.9 38.4 37.6 62.9 74.6 33.9 45.3 7.7 53.5 39.4 authorities to the people Did not change 42.6 32.3 41.8 46.9 47.6 41.6 45.0 39.5 43.9 43.3 31.7 23.7 50.9 46.7 51.2 39.5 45.0 Hard to say 7.6 5.4 4.3 10.2 8.8 7.7 7.5 5.2 5.5 7.8 3.9 1.7 8.0 8.0 7.7 6.4 10.1 Changed for the better 8.9 5.6 11.0 6.2 10.4 8.6 5.8 7.0 9.6 12.1 3.2 1.7 10.7 2.6 25.4 4.5 4.6

Remuneration Changed for the worse 45.9 57.4 48.0 53.6 33.5 45.3 45.7 49.6 46.2 43.8 61.7 71.2 48.2 47.4 17.7 50.3 46.3 of labour Did not change 38.5 30.8 36.3 30.7 48.7 38.9 43.4 38.8 39.5 34.1 29.2 25.4 37.5 35.5 50.8 39.5 41.1 Hard to say 6.6 5.6 4.3 7.8 7.2 6.8 5.2 3.8 3.5 9.2 5.7 1.7 3.6 13.1 5.8 5.1 7.7 Changed for the better 8.3 3.1 6.0 17.6 9.4 7.0 7.2 7.3 9.0 10.4 1.5 5.0 8.1 4.0 27.0 0.6 3.1

Freedom Changed for the worse 38.6 60.9 45.4 20.6 27.2 39.6 41.0 45.9 38.6 31.6 61.7 73.3 25.2 45.3 8.9 51.9 33.9 of speech Did not change 43.9 28.5 41.8 48.4 53.0 42.1 44.5 41.0 43.8 47.2 31.7 16.7 56.8 44.0 56.6 39.7 49.8 Hard to say 9.1 7.5 6.3 12.1 10.2 11.0 7.2 5.2 7.8 10.6 5.2 5.0 9.9 6.6 7.5 7.7 12.8 Changed for the better 8.1 3.6 5.8 19.0 8.2 6.2 6.4 7.5 10.7 9.8 1.0 3.4 6.3 5.3 27.4 1.9 4.3

Level of Changed for the worse 42.4 65.6 51.4 24.3 28.2 43.0 48.6 45.2 40.9 36.9 69.3 78.0 27.9 48.7 7.9 59.2 40.1 democracy Did not change 39.8 24.4 34.8 44.6 51.6 38.8 38.2 41.4 39.1 41.6 25.1 16.9 52.3 40.8 56.3 31.2 43.1 Hard to say 9.6 6.4 7.7 11.8 11.9 12.1 6.9 5.5 9.0 11.6 4.4 1.7 13.5 5.2 8.4 7.6 12.5 Changed for the better 7.2 1.8 4.8 18.7 7.6 6.2 5.8 7.6 8.1 8.2 0.5 0.0 8.0 1.3 25.9 0.6 4.0 Attitude of the Changed for the worse 45.4 61.0 52.2 28.2 37.3 47.8 44.7 45.6 46.7 42.8 66.5 74.1 44.6 50.0 12.4 62.4 43.1 people to the authorities Did not change 39.5 30.8 38.1 42.3 44.9 36.8 40.1 41.0 39.4 40.6 27.1 19.0 41.1 40.8 53.4 31.2 41.0 Hard to say 7.8 6.4 4.0 10.2 9.9 8.8 8.9 5.5 5.2 7.6 5.1 6.9 6.3 7.9 8.2 5.1 11.6 Changed for the better 7.2 1.5 10.3 6.6 7.9 5.7 7.5 7.8 7.0 8.0 1.2 1.7 5.5 2.6 25.2 0.6 2.4

Criminal Changed for the worse 38.4 54.5 45.5 20.7 29.8 38.3 39.0 41.9 39.0 35.3 58.1 60.3 36.4 46.1 11.4 43.9 36.0 situation Did not change 44.4 32.9 36.9 60.7 51.0 45.6 44.5 40.4 43.3 46.7 32.4 34.5 50.9 42.1 56.2 42.0 48.5 Hard to say 10.0 10.5 7.1 10.5 11.1 10.4 8.7 9.3 9.9 9.6 8.3 3.4 7.3 9.2 6.8 12.7 13.1 Changed for the better 7.0 2.1 3.9 20.3 7.0 5.5 6.9 7.3 8.4 7.0 1.7 1.7 6.3 1.3 20.7 1.9 5.2 Status of the Ukrainian- Changed for the worse 25.8 47.3 29.9 13.8 14.5 26.0 24.9 31.4 23.2 24.3 43.0 64.4 14.4 29.3 3.7 34.4 22.9 speaking Did not change 57.5 41.9 59.6 53.1 66.5 56.4 58.7 54.7 59.1 58.3 46.2 28.8 70.3 58.7 68.8 56.1 59.8 population Hard to say 9.8 8.5 6.0 12.5 11.1 12.1 9.0 5.8 8.4 9.6 8.6 5.1 9.0 10.6 5.8 7.6 12.2 Changed for the better 6.0 2.3 4.8 13.2 6.2 6.4 5.5 5.8 5.5 6.7 0.7 3.4 6.3 2.7 20.2 1.3 1.2 Guarantee of Changed for the worse 55.0 74.2 62.9 43.4 41.4 55.3 61.0 59.3 52.9 49.4 80.4 79.7 48.6 69.3 20.9 71.2 50.6 rights of the opposition Did not change 28.5 17.8 25.4 28.6 37.7 25.6 25.1 27.9 32.0 31.4 14.7 16.9 32.4 20.0 45.1 19.9 35.6 Hard to say 10.5 5.7 6.5 13.5 14.5 12.8 8.1 6.1 9.0 12.4 4.2 0.0 12.6 8.0 13.7 7.1 12.6 Changed for the better 6.0 1.8 4.6 8.2 9.0 6.4 4.9 5.2 6.1 7.1 0.5 0.0 8.0 2.7 19.6 1.3 3.7 Ability of citizens to Changed for the worse 42.0 60.0 48.8 26.2 31.9 44.2 43.9 44.3 41.0 37.6 65.8 69.5 33.9 46.7 8.6 57.3 36.7 influence the Did not change 43.9 32.8 42.1 53.4 47.7 40.0 44.2 44.3 44.8 46.3 30.2 28.8 50.9 41.3 62.5 36.9 47.4 authorities Hard to say 8.1 5.4 4.0 10.8 11.2 9.5 6.4 5.5 7.3 8.8 2.9 1.7 7.1 9.3 9.1 4.5 12.2 Changed for the better 2.9 1.5 3.1 1.3 4.3 2.6 3.5 3.2 1.5 3.7 0.2 0.0 4.5 1.3 8.9 0.6 1.5

Prices Changed for the worse 74.5 76.9 76.4 77.0 70.0 73.6 74.4 76.5 73.5 74.6 82.1 93.1 81.3 84.0 59.3 82.8 71.0 and tariffs Did not change 18.9 18.2 17.9 17.0 21.2 19.6 17.6 18.3 20.9 18.4 15.2 5.2 12.5 13.3 28.3 13.4 22.9 Hard to say 3.6 3.1 2.0 4.3 4.1 4.2 4.0 1.7 3.5 2.7 1.7 1.7 1.8 1.3 3.3 3.2 4.6

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 51 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

In Ukraine, one can often hear about violations and falsifications during elections. Who is the main source of those violations and falsifications? % of citizens polled REGIONS AGE PARTY AFFILIATION Forward! – CPU East West UKRAINE South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Big business influencing politics 28.6 31.3 31.5 16.4 29.8 28.9 27.8 31.5 28.1 27.1 32.4 35.0 29.7 25.0 20.5 33.3 27.6 Parliamentary candidates standing in single- member constituencies 11.7 12.3 14.4 9.5 9.7 13.7 14.2 11.0 8.1 11.5 9.6 5.0 11.7 14.5 11.9 12.8 11.0 Political parties 10.1 10.5 7.6 10.5 12.3 9.5 7.5 10.7 13.6 9.7 11.8 5.0 9.9 9.2 12.8 7.1 9.2 Representatives of the central authorities 9.8 10.5 10.2 7.2 10.2 9.5 12.5 8.4 9.0 9.7 11.5 18.3 6.3 14.5 4.7 17.9 8.0 Members of election commissions 7.3 6.7 8.2 11.5 5.0 5.3 8.4 8.1 6.4 8.4 8.6 8.3 9.9 5.3 11.9 3.8 3.4 Representatives of the local authorities 5.0 5.1 5.9 5.3 4.0 3.3 5.8 4.0 7.5 4.9 5.9 3.3 0.0 9.2 4.7 5.1 5.8 Voters 2.3 5.4 1.2 1.0 2.1 2.0 3.2 2.6 2.0 2.1 2.5 5.0 4.5 2.6 2.3 1.3 3.1 Mass media 1.8 0.8 2.3 0.0 2.7 2.4 1.4 0.9 0.9 2.7 1.2 3.3 4.5 1.3 2.1 0.6 1.8 Courts 1.1 0.8 0.5 1.0 2.0 0.9 0.9 1.7 1.2 1.0 1.0 1.7 0.9 0.0 2.1 0.6 0.3 Militia 0.9 0.8 0.6 0.3 1.4 0.4 1.4 0.9 0.9 1.0 1.0 0.0 0.0 3.9 0.7 1.3 0.6 International organisations 0.7 0.5 0.5 1.0 0.8 0.4 0.0 1.7 0.6 0.6 0.5 1.7 0.9 1.3 0.7 0.6 0.6 Ukrainian non-governmental organisations 0.5 0.0 0.2 0.7 1.2 0.7 0.0 1.2 0.9 0.2 0.0 0.0 0.9 1.3 0.9 0.6 0.6 Armed Forces 0.2 0.3 0.3 0.0 0.2 0.0 0.0 1.2 0.0 0.0 0.2 0.0 0.9 0.0 0.2 0.0 0.0 No one 3.9 2.1 1.2 16.8 1.8 5.5 2.0 4.6 4.1 3.3 2.0 1.7 4.5 0.0 9.1 2.6 2.8 Hard to say / no answer 16.0 13.1 15.6 18.7 16.9 17.6 14.7 11.6 16.8 17.8 11.8 11.6 15.3 11.8 15.4 12.1 25.1

What is your attitude to voters “selling” their votes? % of citizens polled

UKRAINE AGE 1829 46.9% 22.0% 25.3% 5.7 50.6%

23.5% 3039 48.6% 25.7% 17.6% 8.1 18.7%

4049 49.1% 23.5% 20.1% 7.3 7.3%

Negative, Sympathetic, I do not care, Hard to say 5059 50.4% 23.5% 17.7% 8.4 “vote selling” they do that never thought cannot be justified because of about that their hardships 60 abd over 56.2% 23.3% 13.3% 7.2

Negative, “vote selling” cannot be justified REGIONS West Centre Sympathetic, they do that because of their hardships I do not care, never thought about that Hard to say

PARTY AFFILIATION Batkivshchyna 62.3% 18.1% 14.2% 5.4

4.5% Svoboda 62.7% 11.9 18.6% 6.8 53.6% 20.3% 17.2% 9.0 53.9% 22.8% 18.8% CPU 67.6% 18.0% 8.1 6.3 South East

Ukraine – Forward! 46.7% 26.7% 17.3% 9.3

Party of Regions 53.3% 24.0% 16.5% 6.3

UDAR 48.7% 19.9% 23.7% 7.7

49.8% 19.7% 19.3% 11.2 45.8% 27.7% 19.0% 7.5 Hard to say 48.3% 22.3% 19.9% 9.5

Negative, “vote selling” cannot be justified Sympathetic, they do that because of their hardships I do not care, never thought about that Hard to say

52 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 SOCIO-POLITICAL SITUATION IN THE COUNTRY BEFORE PARLIAMENTARY ELECTIONS

Assessment of the current level of democracy in Ukrainian society,* average score

UKRAINE 2012 3.46 AGE 3.07 2.99 2.95 1829 2.82 2.86 2.84 2.80 2.59 3039 2.76

4049 2.74

5059 2.78

December April July May October November February June 60 and over 2.86 2001 2003 2004 2010 2010 2010 2011 2012

REGIONS PARTY AFFILIATION West Centre Batkivshchyna 2.31

Svoboda 2.04

CPU 2.81 2.40 2.59

Ukraine – Forward! 2.75 South East

Party of Regions 3.68

UDAR 2.50

3.25 3.03 Hard 2.84

* On a five point scale from 1 to 5, where “1” means dictatorship, “5” – complete democracy. Do you use...? From what sources do you plan to obtain information % of citizens polled about candidate programmes?* % of citizens polled

From TV news reports 61.5% 0.3% 0.3% 0.4% 0.4% 0.1% or analytical programmes 64.4% From TV presentations 41.7% by candidates 42.9%

From local newspapers 26.5% 58.7% 24.6% 65.0%

From central newspapers 26.7% 80.6% 23.1% 85.3% 87.6% From newspapers issued 8.5% by political parties 18.0%

From candidate leaflets 23.8% 16.3%

From the Internet 15.5%

41.2% From personal meetings 9.0% 34.6% with candidates 9.8%

19.1% From official materials published 11.0% 14.3% 12.1% by the election commission 7.9% Fixed line Social networks Fixed line Mobile Fixed line Internet (Vkontakte, Internet Internet Internet From other sources 5.3% at home Facebook, at the place in another 4.1% Odnoklassniki, of work place etc.) or study Hard to say 14.3% 6.2% 2004 2012 Yes No Hard to say * Respondents were supposed to give several answers.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 53 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

Do you think that the following may be termed as “vote buying”...? % of citizens polled

UKRAINE Payment of money to the people 87.8% 6.2 5.9 in exchange for a ballot on the election day Distribution of money to the people 81.7% 11.4% 6.9 on behalf of a parliamentary candidate

Distribution of things, foodstuffs, etc. to the people 71.5% 19.7% 8.8% on behalf of a parliamentary candidate

Promise of a parliamentary candidate to invest significant 52.7% 30.7% 16.7% funds in the district after elections in case of a victory Allocation of state budget funds to the district on the initiative of a parliamentary candidate for construction of roads, water 39.2% 45.5% 15.2% pipelines, sewerage, clubs, schools, kindergartens, etc. Yes No Hard to say REGIONS AGE PARTY AFFILIATION – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Party of Svoboda Regions Forward! Ukraine Hard to say 60 and over Batkivshchyna Yes Payment of money to the people 83.3 91.1 94.4 84.0 88.3 89.9 87.5 86.9 86.7 88.5 93.2 94.6 84.0 83.9 91.1 88.4 in exchange for a ballot on the No 11.8 4.6 2.0 6.5 6.2 4.0 5.5 7.6 7.4 8.1 6.8 1.8 6.7 8.4 5.7 3.7 election day Hard to say 4.6 3.9 3.6 9.0 5.1 6.1 6.7 5.2 5.5 2.9 0.0 2.7 9.3 7.5 3.2 8.0 Yes 78.9 85.2 89.5 76.0 81.7 84.7 81.7 80.0 81.1 84.8 89.8 84.7 78.9 80.0 79.0 82.0 Distribution of money to the people on behalf of a parliamentary candidate No 12.9 10.0 4.6 15.2 10.8 10.1 11.3 12.8 12.0 9.8 8.5 8.1 13.2 11.9 14.0 11.3 Hard to say 7.5 4.3 5.6 8.2 6.8 5.2 6.7 7.0 5.9 4.7 1.7 6.3 6.6 7.7 6.4 6.7 Yes Distribution of things, foodstuffs, 67.2 77.3 82.0 63.4 71.5 74.0 72.2 68.3 71.8 74.8 70.7 80.2 70.7 67.6 71.8 69.7 etc. to the people on behalf of No 19.0 17.3 12.1 26.1 19.2 17.9 18.8 22.4 20.0 16.7 22.4 16.2 20.0 22.6 20.5 21.4 a parliamentary candidate Hard to say 13.6 4.9 5.9 10.0 8.8 8.1 8.7 9.0 7.8 8.1 6.9 2.7 9.3 9.6 7.7 8.9 Promise of a parliamentary candidate Yes 51.2 55.8 61.3 46.4 51.8 55.2 53.2 53.9 50.6 52.5 54.2 62.2 57.9 45.0 53.8 57.4 to invest significant funds in the district after elections in case of No 33.9 29.0 21.6 34.6 32.4 31.5 32.7 27.8 29.2 32.8 39.8 18.9 34.2 35.4 34.0 24.8 a victory Hard to say 14.7 14.8 17.0 18.6 15.4 13.3 13.9 18.0 19.8 14.2 6.8 18.0 7.9 19.3 12.2 17.8 Allocation of state budget funds Yes 45.8 41.6 26.6 38.9 37.4 42.2 39.4 37.5 39.8 44.9 41.4 45.9 44.0 29.1 45.5 37.6 to the district on the initiative of a parliamentary candidate No 38.6 44.8 48.2 48.8 48.0 43.9 45.8 48.0 42.4 39.2 48.3 33.3 37.3 56.4 44.9 46.2 for construction of roads, water pipelines, sewerage, clubs, Hard to say 15.4 13.1 24.9 11.9 14.1 13.9 14.5 14.2 17.3 15.4 10.3 19.8 17.3 14.2 9.6 16.2 schools, kindergartens, etc.

How much money are you ready to accept to vote for a political force or parliamentary candidate, for whom you would not vote otherwise?

Average amount – UAH 2 650 No answer – 76.9%

Will the sociopolitical situation in the country change after the elections (and how)? % of citizens polled

West Centre South East UKRAINE

Yes, it will change 23.3% for the better Yes, it will change 28.2% for the better 19.6% 17.9% 29.2% Yes, it will change for the worse 7.4% Yes, it will change 8.8% 7.4% 6.2% 7.3% for the worse No, it will not change 41.3% No, it will not change 34.8% 51.0% 35.1% 38.5%

Hard to say 28.0% Hard to say 36.7% 23.7% 29.5% 26.1%

AGE PARTY AFFILIATION 18-29 30-39 40-49 50-59 60 and Batkivshchyna Svoboda CPU Ukraine – Party of UDAR Hard over Forward! Regions to say Yes, it will change for the better 18.7 23.4 24.6 26.4 24.5 17.4 8.5 18.8 21.6 55.9 17.8 9.2 Yes, it will change for the worse 7.5 6.6 8.4 7.8 6.9 7.1 18.6 7.1 8.1 3.0 7.6 8.0 No, it will not change 39.6 43.6 42.0 41.2 40.6 44.0 33.9 46.4 41.9 20.5 40.8 42.8 Hard to say 34.2 26.3 25.0 24.7 28.0 31.5 39.0 27.7 28.4 20.6 33.8 40.0

54 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 4. PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

ublic spirits, social wellbeing, public opinion are all important elements of the voters’ choice – P since, as discussed above, personal assessments of events and processes taking place in the country, perception of the authorities, political parties and other participants of the electoral process, as well as ideological and political preferences of citizens, their ideas on the nature of political forces (loyal/oppositional), essence of the activity and role of national deputies will largely shape the election results. Factors important for the voters’ choice also include certain features of political parties and individual parliamentary candidates – presence of a clear programme of action of a party or a candidate, their previous activity (including in the Parliament), personal qualities of a party leader or a candidate, etc. On the other hand, being aware of the parties and candidates taking part in elections, voters may have an idea of the future composition of the new the Verkhovna Rada and know what should be expected from it, in particular, with account of the Parliament’s place and role in the system of governance formed in Ukraine after the constitutional “anti-reform” of 2010.

4.1. SOCIO-PSYCHOLOGICAL BACKGROUND are satisfied with domestic policy of the authorities OF THE ELECTION CAMPAIGN (against 66% unsatisfied); economic – 19% (against 71%); social – 22% (against 67%); foreign – 25% Assessment of developments in the country. In (against 60%); language and cultural – 28% (against August, 2012, the majority (58%) of citizens suggested 58%); defence policy – 27% (against 47%); finally, that the developments in the country were moving in the treatment of the opposition – 20% (against 64%). a wrong direction. Only 20% of those polled were sure that the trend was right. However, those indices are Displeasure with the government’s policy in all better than in October 2011, when they made 69% and those fields prevails in all age groups, in all regions of 14%, respectively (Diagram “Does the situation in Ukraine. There are only two exceptions from the latter: Ukraine develop in the right or wrong direction?”, p.56). in the South, the number of those satisfied with current defence policy is higher than of those unsatisfied with Support for the President, Parliament and it (42% and 30%, respectively); in the South and East, . Ukraine’s President enjoys the difference between those satisfied and unsatisfied the support of only 13% of citizens; Parliament – 4%, the with the government’s language and cultural policy is Government – 7%. Meanwhile, compared to December, statistically insignificant. 2011, the number of those who do not support the Meanwhile, said assessments clearly correlate activity of those institutes of governance has somewhat with respondent preferences.1 E.g., the majority of declined: the President – from 59% to 47%; Parliament – potential voters for the Party of Regions are satisfied from 67% to 54%; the Government – from 63% to with the government’s policy (from 77% satisfied with 48% (Diagrams “Do you support the activity…?”, domestic policy to 64% satisfied with how the authorities pp.16, 57, 58). treat the opposition). Among potential voters of all Assessing the activity of the government. other parties, the number of those unsatisfied with the Satisfaction of citizens with the policy pursued by the government’s policy in all sectors clearly prevails current authorities is low. Only 24% of those polled (Tables “Are you satisfied …?”, p.59).

1 “Potential voters” are respondents who reported readiness to vote for the relevant party at hypothetic parliamentary elections (“if elections were held in the near future”). The analysis covered potential voters of the “passing” parties – those which, according to the poll results, could pass the 5% election threshold: All-Ukrainian Association Batkivshchyna, the Party of Regions, UDAR, CPU, and parties coming close to the threshold with over 4% of potential voters: All-Ukrainian Association Svoboda and “Ukraine – Forward!”. Party ratings are shown on Map “Ratings of the parties expected to enter the Parliament: regional and national level”, pp.64-65.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 55 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

19.7 August 2012 22.6 57.6 April 2012 65.5 15.6 18.9 February 2012 64.5 16.2 19.3 December 2011 67.3 21.1 11.7 October 2011 17.8 68.7 13.5 22.1 August 2011 16.1 61.9 May 2011 21.4 15.2 63.4 February 2011 22.6 19.4 58.0 November 2010 25.7 53.9 20.4 October 2010 23.8 48.2 28.0 August 2010 24.0 50.4

25.6 May 2010 42.7 24.7 32.6 35.1 April 2010 30.4 February 2010 34.5 28.1 47.0 24.8 October 2009 6.9 81.1

12.0 October 2009 78.0 7.3 14.7

80.4 April 2009 8.0 11.6 4.0 March 2009 10.7 85.3

Hard to say December 2008 3.2 11.3 85.4 12.9 5.3 October 2008 81.8 June 2008 56.2 63.7 10.1 26.2 26.2

17.7 April 2008 Wrong 24.2 March 2008 15.7 60.1 26.4 February 2008 43.0 30.6 % of citizens polled 52.5 23.3 December 2007 15.2

24.1 September 2007 67.8 Right 11.9 17.1 April 2007 65.2 22.9 March 2007 18.8 70.5 10.8

20.4 February 2007 63.2 16.3 23.3 October 2006 63.8 12.9

Does the situation in Ukraine develop right or wrong direction? September 2006 29.3 16.3 54.3 July 2006 19.7 67.5 12.8 May 2006 22.6 58.7 18.7 January 2006 20.0 62.3 17.7 23.7

55.1 December 2005 21.2

22.5 November 2005 18.3 59.1 44.3 September 2005 34.7 21.0

31.8 August 2005 25.3

42.9 June 2005 26.8

23.4 April 2005 30.6 42.6 53.5 23.0 25.5 February 2005 50.7 23.8 55.7

20.3 April 2004 24.0 90 80 70 60 50 40 30 20 10

56 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT 5.7 12.6 August 2012 34.3 47.4 29.6 53.9 11.2

5.3 February 2012 7.3 December 2011 27.9 59.4 31.6

5.5 5.5 September 2011 10.5 52.4

9.7 August 2011 36.6 5.7

47.9 June 2011 6.5 46.5 11.3 35.7 April 2011 4.9 38.8 46.7 15.2 9.7 March 2011 5.0 36.5 2 President 43.3 17.8 5. February 2011 37.0 40.0 20.4 Victor Yanukovych November 2010 35.2 5.1 39.3 22.5 33.3

38.7 August 2010 5.5

5.1 May 2010 23.0 39.7 28.1 25.7 8.3 32.2 April 2010 37.8

12.8 March 2010 23.4 4.2 27.7 69.5

3.0 December 2009 31.1 28.4

4.2 October 2009 Hard to say 2.3 71.6 21.9 3.6

6.3 July 2009 22.5 67.5

2.7 April 2009 3.1 73.4 20.7 3.9 December 2008 3.3 32.6 10.7 51.8 71.2 June 2008 5.0 21.6 44.1

5.1 April 2008 39.6 16.9 February 2008 2.8 11.2 38.8 32.4 47.9

3.7 December 2007 17.6

3.0 September 2007 14.8 Do not support 39.9

32.9 April 2007 30.9 4.7 15.2 40.4 9.7 45.4 49.3 49.3 February 2007 4.5 6.4 President

40.3 December 2006 13.3 9.0 Victor Yushchenko

6.1 October 2006 40.0 46.0 42.0

12.9 July 2006 6.2 38.9 38.9 17.1 35.1

4.2 May 2006 43.6 January 2006 19.4 5.6 32.9 % of citizens polled 39.5 42.1

6.7 November 2005 39.4 14.3 28.6 20.3

6.7 September 2005 38.1 44.4 30.2

5.7 August 2005

39.9 June 2005 21.0 5.8 26.1 26.9

33.4 February 2005 46.7 6.7 19.8 7.8 October 2004 42.4 Do you support the activity of President Ukraine? 45.3 10.4

5.4 June 2004 39.3 7.5

49.0 March 2004 8.5 37.8 41.8 December 2003 5.9 4.7 4.7 38.2 51.2

37.0 September 2003 8.4 7.2 47.4 6.8

5.8 June 2003 32.8 54.6 7.3 Support entirely Support some steps

4.5 March 2003 49.8 38.4 7.6

5.3 December 2002 55.6 31.5 4.6 8.9 November 2002 37.3 49.2 September 2002 6.6 5.5 53.3 34.6 38.2

President May 2002 9.2 4.6 43.7 42.7 48.0 March 2002 9.8 3.8

4.9 January 2002 12.3 44.4 38.3 October 2001 5.6 42.3 11.3 40.8

11.2 June 2001 6.2 43.8 38.8 44.2 May 2001 4.5 10.8 14.1 40.5 37.4

4.6 December 2000 43.9 14.8

5.9 July 2000 37.1 42.2 22.6

34.1 April 2000 6.4 36.9 0.0 80.0 70.0 60.0 50.0 40.0 30.0 20.0 10.0

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 57 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

Assessing changes that took place under the Summary indicators of social wellbeing include President Viktor Yanukovych and the Prime Minister confidence of citizens in the future. Here, only 12% of Mykola Azarov.2 Assessments of such changes are those polled reported improvement under the presidency negative for the authorities. Respondents who reported of Viktor Yanukovych and the government of Mykola improvement in some sectors of public life are in a Azarov (from 23% in the South to 3% in the West), while minority: from 23% pleased with pensions to 3% of 49% – deterioration of the situation (from 65% in the those who saw improvement in prices and tariffs. West to 38% in the East), 34% – no changes, compared The majority of respondents either reported deterioration of the situation or believe that the to the previous period (from 30% in the Centre to 38% situation in the sector did not change. in the East). The most alarming is that a decrease in confidence in the future was reported by the This refers to all regions of Ukraine, with one majority of representatives of the youngest age group exception: in the South, a relative majority of those polled (18-29 years) – 53%, and of people of the able-bodied reported improvement with pensions. Noteworthy, while in the retirement age (over 60 years) and pre- age (30-49 years) – 52-53%. Potential PR voters feel retirement age (50-59 years) groups the improvement more confident: 44% of them reported improvement in was reported by only 27% and 25% of those polled, this respect, and only 9% – deterioration. respectively, а majority of respondents in those age groups 4.2. ATTITUDE TO POLITICAL PARTIES, reported either deterioration or absence of changes. IDEOLOGICAL AND POLITICAL Devotion to the ruling party influences the PREFERENCES OF CITIZENS assessments of changes far less than in the latter case. For instance, among potential voters for the Party Parties as representatives of interests of social of Regions the majority or a relative majority of those groups. Over the past two years, hopes for political polled reported changes for the better only in three parties to become true representatives of interests of sectors: pensions (53%); the economic situation in the social groups have declined. While in 2010, such a role country (49%); general situation in the country (45%). of the parties was reported by 27% of citizens, in June, Social wellbeing of citizens. Social wellbeing of 2012 – only 17%. At that, political parties are most of citizens witnesses the priority of problems of wellbeing all trusted in the Centre (20%), least of all – in the South and living standards for the larger part of Ukrainian (14%). Among potential voters of the leading parties, society. Social tensions are further aggravated by the pin hopes to them from 17% (“Ukraine – Forward!”) to above-mentioned property polarisation, the deepening 21% (Batkivshchyna) of those polled. rift between the miserly share of wealthy families and The public perception of individual politicians as the absolute majority of the poor (more or less), and also the inadequate attitude of the authorities to citizens and representatives of interests did not change (10% in inability of the latter to influence the government (Box 2010, 11% – in 2012). “Individual politicians” are most “Relations between citizens and authorities”). of all trusted in the country’s West (20%). By electoral preferences: from 20% (“Ukraine – Forward!”) to 5% RELATIONS BETWEEN CITIZENS AND AUTHORITIES (CPU). • attitude of the authorities to the people: under the presidency of Noteworthy, compared to 2010, citizens more Viktor Yanukovych and the government of Mykola Azarov, often mentioned among representatives of their interests improvement in the authorities’ attitude to the people was noticed public organisations (14% and 16.5%, respectively) by only 9% of citizens (from 19% in the South to 3% in the West); deterioration – 41% (from 58% in the West to 24% in the South); and mass media (6% and 10%, respectively) (Tables no changes – 43% (from 47% in the South and East to 32% in the “Who should represent your social interests in the first Centre). There are no particular differences in assessments in that place?”, p.60). field, dependent on age. By voter preferences, potential voters of the ruling party seem more optimistic: a third of them reported Ideological and political preferences of citizens. improvement in the authorities’ attitude to the people; still, the majority A relative majority of citizens either had no idea of was sure that that attitude did not change (51%) or deteriorated (8%); political trends or reported that none of the ideological • citizens’ ability to influence the authorities: improvement in that and political trends present in Ukraine met their field was reported by only 6% of those polled (from 8-9% in the convictions, or remained undecided on adherence to one South and East to 2% in the West); deterioration – 42% (from 60% in the West to 26% in the South); no changes – 44% (from 53% or another trend (“hard to say” option). In June, 2012, 3 in the South to 33% in the West). There are no age differences in the share of such citizens made 48%; in particular, assessments in that sector. In terms of electoral preferences, as among the youths of 18-29 years it was the highest, well as in the former case, PR voters are somewhat more optimistic: compared to other age groups, exceeding 54%. almost 20% of them saw improvement of the situation in the sector, while 9% reported deterioration, 63% – no changes, compared to Among those who have firm ideological and the previous period; political preferences, the national democratic trend • observance of the law by state servants: changes for the better were reported by only 12% of citizens (from 22% in the South to 6% in 2 This and the next subsections build on poll results summed up in Tables the West); for the worse – 38% (from 50% in the West to 24% in the “How did the situation in Ukraine change in the following sectors during South); no changes – 41% (from 44% in the East and South to 36% the presidency of Viktor Yanukovych and premiership of Mykola Azarov?”, in the West). Age differences in assessments are actually absent. pp. 50-51). By electoral preferences, assessments of potential PR voters are 3 Noteworthy, the share of those undecided in their ideological and much higher: 36% of them suggest that the situation in that field political preferences has been growing since February, 2004. At that time, improved; only 7% reported deterioration; 48% – no changes. it made 41%; in April, 2004 – 43%; in November, 2005 – 45%; in December, 2009 – 43%; in May, 2010 – 50%.

58 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

Are you satisfied with…? % of those polled

UKRAINE 70.7% 68.6% 65.8% 64.0% 60.0% 57.5% 49.0% 27.9% 27.4% 24.9% 23.8% 23.7% 22.2% 19.0% 19.5% 16.4% 15.0% 14.5% 10.4% 10.3% 9.2%

Language and cultural Defence policy Foreign policy Domestic policy Social policy Attitude of the Economic policy policy of the current of the current of the current of the current of the current current authorities of the current authorities authorities authorities authorities authorities to the opposition authorities

Yes No Hard to say REGIONS AGE PARTY AFFILIATION Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine

Yes 8.7 23.0 37.6 39.7 24.4 24.5 27.5 29.4 32.4 8.1 6.8 33.3 29.3 71.1 10.3 19.8 Language and cultural policy of the current No 80.8 69.2 44.4 38.4 58.1 62.0 60.6 55.5 53.3 82.6 88.1 51.4 57.3 15.6 77.6 62.2 authorities Hard to say 10.5 7.6 17.6 21.3 17.2 13.0 11.6 15.1 13.5 9.3 5.1 15.3 13.3 12.2 17.1 17.7

Yes 10.8 25.1 42.0 32.6 24.5 26.6 28.8 28.8 28.4 12.0 3.4 25.9 34.7 66.2 11.5 20.2 Defence policy of No 66.4 58.1 29.5 38.7 50.8 51.2 50.6 46.2 46.9 67.6 81.4 47.3 45.3 12.8 64.1 48.9 the current authorities Hard to say 22.8 16.5 28.2 28.6 24.5 22.3 20.3 25.0 24.5 20.0 15.3 26.8 20.0 24.4 30.3 30.9

Yes 11.8 20.0 39.5 30.6 20.9 24.6 25.3 25.8 27.8 7.8 3.4 22.5 13.2 70.4 7.0 17.7 Foreign policy of No 79.5 69.3 43.8 46.7 63.2 62.7 63.7 56.5 55.5 83.3 89.8 60.4 77.6 14.7 86.6 57.5 the current authorities Hard to say 8.7 10.5 16.3 22.5 15.9 12.7 10.8 17.7 16.5 8.8 6.8 17.1 9.2 6.4 24.2 24.8

Yes 7.5 15.7 41.0 33.6 19.3 20.8 22.7 27.0 28.6 3.4 3.4 20.7 6.6 77.4 5.7 15.3 Home policy of No 82.8 78.4 48.5 51.3 67.0 68.8 70.1 61.9 62.5 92.6 94.9 67.6 78.9 14.7 86.6 66.1 the current authorities Hard to say 9.8 5.7 10.2 14.9 13.6 10.4 7.0 11.0 8.6 3.9 1.7 11.7 14.5 7.6 18.0 18.6

Yes 9.2 16.0 39.3 27.3 18.7 21.4 23.5 22.3 24.9 5.1 5.1 20.5 7.9 69.2 5.1 15.0 Social policy of No 82.3 75.6 51.1 61.6 68.9 70.8 69.9 67.5 66.7 89.7 93.2 75.0 80.3 23.1 84.7 70.6 the current authorities Hard to say 8.2 8.2 9.2 10.4 12.3 7.8 6.4 10.1 8.0 4.9 1.7 4.5 11.8 10.2 13.8 14.4

Yes 4.1 11.0 34.4 30.1 17.2 16.8 20.1 19.2 23.3 1.2 3.4 23.2 7.9 63.9 2.6 10.7 Attitude of the current authorities to the No 86.1 73.6 48.5 48.7 63.4 70.2 65.4 63.1 60.1 91.9 94.8 60.7 76.3 17.7 89.1 64.2 opposition Hard to say 9.8 15.3 16.7 21.0 19.4 13.0 14.2 17.7 16.4 6.8 1.7 16.1 15.8 8.3 24.5 25.1

Yes 7.2 9.7 34.8 27.5 16.3 16.7 18.8 20.0 22.4 2.9 1.7 15.2 3.9 60.7 3.8 15.3 Economic policy of No 84.8 83.8 55.7 56.3 71.6 74.1 73.6 69.0 66.5 93.6 98.3 72.3 82.9 26.7 91.1 69.9 the current authorities Hard to say 8.0 6.0 9.2 16.0 12.1 9.2 7.2 10.4 11.0 3.4 0.0 11.6 13.1 5.1 14.1 14.7

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 59 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

Who should represent your social interests in the first place? % of citizens polled

2010 UKRAINE 2011

26.5% 2012 18.7% 24.8% 17.0% 16.8% 16.5% 16.2% 22.8% 15.8% 14.3% 21.4% 14.0% 11.4% 10.3% 10.2% 9.6% 7.4% 6.8% 6.1% 4.4% 3.4% 2.3% 1.8% 1.4%

Political parties Trade unions Public Individual Mass Business Other Hard to say organisations politicians media structures

REGIONS AGE PARTY AFFILIATION Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Political parties 15.7 20.1 14.1 16.2 15.4 16.8 19.5 16.3 17.5 20.8 18.3 19.8 17.1 20.0 17.9 14.4 Trade unions 9.3 10.8 29.2 21.5 15.0 19.4 17.2 18.6 15.5 11.0 11.7 28.8 13.2 24.9 12.2 11.3 Public organisations 14.2 17.3 18.0 16.3 18.3 17.7 13.7 19.2 14.3 17.2 15.0 13.5 17.1 16.7 19.2 17.5 Individual politicians 19.6 12.8 5.2 8.1 11.5 12.2 12.8 11.3 9.8 15.0 10.0 5.4 19.7 10.7 14.7 5.8 Mass media 10.6 7.4 7.5 12.0 9.3 8.4 10.2 10.5 9.6 12.0 8.3 9.9 11.8 8.4 9.0 8.6 Business structures 1.3 1.4 1.0 1.7 1.5 0.9 1.7 1.2 1.4 2.0 1.7 0.9 0.0 1.4 0.6 1.8 Other 4.9 7.4 1.3 2.6 3.3 2.6 6.7 3.2 5.9 4.9 8.3 3.6 3.9 1.6 5.1 6.7 Hard to say 24.5 22.8 23.7 21.7 25.8 22.0 18.3 19.8 26.1 17.2 26.7 18.0 17.1 16.3 21.2 33.7 was the most popular (14%), the social democratic trend the voters of Svoboda – also to the national radical (17%. was second (9%), the political trend of reunification of against 2% among the voters of Batkivshchyna); Ukraine with Russia – third (8%). supporters of went third – 11% and 15%, respectively. Quite logically, there are no supporters However, those preferences have notable regional of the communist trend among Svoboda’s voters (among differences: the voters of Batkivshchyna they make some 2%). • in the country’s West, the national democratic Supporters of the communist ideological and political trend clearly dominates (29%), followed by the trend clearly dominate among potential CPU voters social democratic (9%) and Christian democratic (6%) trends. Those undecided make 42%;4 (67%). • in the South and East, the political trend of PR voters are mainly represented by supporters Ukraine’s reunification with Russia prevails of the trend of reunification of Ukraine with Russia (14%), the communist trend was second (9% and (22%), followed by adherents of social democratic ideas 8%, respectively), the national democratic one – (13%) and the national democratic trend (8%). third (8%). At that, in the East, the national The largest group of potential voters of “Ukraine – democratic trend shared the third rank with the social democratic – 8% (in the South, that trend Forward!” is made up of supporters of the social has twice fewer supporters – 4%). Those undecided democratic (16%) and national democratic trends (13%). in the South make 53%; in the East – 44%; UDAR voters, on the contrary, have more supporters of the national democratic trend (18%), and fewer – • in the Centre, national democratic (15%) and of the social democratic one (13%). social democratic (13%) trends prevail; the other trends were reported by much fewer respondents. Noteworthy, least of all of those undecided with their Those undecided make 54%. ideological and political preferences were found among Correspondence of ideological and political the voters of Svoboda (17%) and CPU (19%) (Table preferences to electoral sympathies. Ideological and “Which ideological and political trend best of all meets political convictions of citizens generally meet their your convictions?”). electoral sympathies. For instance, potential voters Perception of an opposition political party or of Batkivshchyna and Svoboda mainly adhere to the parliamentary candidate. The list of signs of an national democratic trend (28% and 39%, respectively), opposition party (candidate) was topped by “public

4 Hereinafter “undecided” include those who have no idea of political trends or whose convictions were met by none of the ideological and political trends present in Ukraine, as well as those who found it “hard to say”.

60 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

Which ideological and political trend best of all meets your convictions? % of citizens polled

UKRAINE REGIONS (2012) AGE (2012) PARTY AFFILIATION (2012) Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda May 2010 April 2004 June 2012 Hard to say 60 and over Batkivshchyna February 2004 December 2009 November 2005 Party of Regions Ukraine National 12.8 11.3 13.8 15.4 13.2 14.2 28.5 14.8 7.5 8.3 13.8 17.3 14.8 16.2 10.8 28.4 39.0 1.8 13.2 7.7 17.6 10.4 democratic Social democratic 6.7 6.9 5.1 7.2 4.3 9.2 8.5 12.9 4.3 8.2 9.2 8.6 10.5 11.6 7.1 11.2 15.3 2.7 15.8 13.3 7.5 6.7 Political trend of Ukraine’s 11.3 11.1 12.8 14.0 16.3 8.2 2.1 3.7 13.8 13.5 7.0 7.2 10.8 8.7 7.8 1.0 1.7 0.9 11.8 21.7 4.4 3.7 reunification with Russia Communist 11.3 10.0 6.2 5.4 4.6 5.2 0.8 3.2 8.5 8.3 1.1 2.3 2.0 4.3 13.7 1.7 0.0 66.7 0.0 3.0 0.6 2.1 Environmental 6.5 6.3 3.4 2.8 3.2 3.5 1.8 2.0 6.9 4.6 4.6 2.9 4.9 3.2 2.5 2.9 0.0 2.7 3.9 2.1 9.4 4.0 (“green”) Liberal 1.5 2.2 1.0 4.4 1.9 3.1 3.6 2.0 2.3 4.1 3.3 5.2 4.1 2.0 1.4 2.9 3.4 0.0 5.3 3.0 6.3 3.4 Socialist 4.1 4.0 5.7 3.0 1.3 2.9 1.0 3.1 2.3 4.2 2.0 2.9 3.8 3.5 2.9 2.0 0.0 0.9 2.6 3.3 3.1 2.8 Christian 2.4 3.0 2.8 2.3 2.3 2.6 6.4 1.8 1.0 1.8 2.0 2.9 2.9 3.2 2.2 4.6 3.4 1.8 0.0 2.6 5.0 0.9 democratic National 0.2 0.6 0.3 0.3 0.7 1.9 1.8 0.3 0.3 1.2 0.7 0.6 1.2 1.4 1.0 1.0 3.4 3.6 0.0 0.7 0.6 0.3 communist National radical 0.8 1.2 1.2 1.8 1.8 0.9 3.3 1.4 0.3 2.1 1.5 3.2 1.7 2.6 0.8 2.0 16.9 0.0 2.6 1.9 1.9 0.3 Other 0.8 0.5 2.3 0.5 0.5 0.2 0.3 0.3 0.0 0.2 0.4 0.0 0.0 0.0 0.2 0.5 0.0 0.0 0.0 0.0 0.0 0.0 None 16.2 13.9 10.1 6.4 13.3 5.6 8.7 5.8 3.3 4.7 5.9 7.5 5.2 4.6 4.7 2.2 3.4 2.7 0.0 3.0 7.5 7.4 I am not an expert 17.4 21.3 20.8 25.5 26.1 30.1 22.1 32.6 42.0 26.7 33.4 26.5 26.5 27.2 33.9 25.4 6.8 14.4 27.6 25.9 25.2 34.7 in political trends

Hard to say 7.7 7.8 14.4 10.9 10.4 12.5 11.1 16.0 7.5 12.1 14.9 13.0 11.6 11.6 11.0 14.2 6.8 1.8 17.1 11.9 10.7 23.3 declaration of disagreement with the policy of the in opposition. 12% remained undecided (Table “Which President and the executive branch” (47%); “a stand political parties will you vote for at the next parliamentary for the change of the President” was second (30%); elections?”, p.63). “non-affiliation of a member from a certain party with Importance of specific features of a party the pro-presidential parliamentary majority” – third (candidate). Of primary importance for voters will be (28%). the following features of parties: “Public declaration of disagreement with the policy • the ideology, election programme of a party: of the President and the executive branch” looks like this opinion was supported by 45% (from 52% the decisive sign of an opposition party (candidate) in the South to 41% in the West); for potential voters of all the leading political forces. Meanwhile, more important for Svoboda’s • the person of the party leader – 41% (from 53% in the West to 26% in the South); voters was “non-participation of party members in the government and presidential structures” (44%, second • a positive perception of activity of the previous most important). “Coordination of activity with other party – 34% (from 46% in the South to 30% in opposition forces” appeared in the top-three signs of the Centre). opposition for the voters of “Ukraine – Forward!” Those three things top the rating of importance of (30%, third) and PR (31%, second) (Table “Which party features of parties for voters in all age groups and all (candidate) may be considered oppositional?”, p.62). regions of the country. 4.3. MAIN FACTORS OF VOTERS’ CHOICE Voters pay little attention to: attractive political Voters’ intentions in terms of “loyal/oppositional advertising of a party (3%); personal acquaintance party”. Generally speaking, loyalty or opposition with the party members, affiliation of a party with the of a political party is of little importance to voters. authorities, a party’s popularity (publicity) – 4% each, In particular, opposition parties may win the votes as well as affiliation of a party with the opposition and the of 23% of citizens; loyal ones – 22%; for 21%, opposition party name (5% each). Presence of known and respected or non-opposition of parties or party candidates is persons in the party list is also not too attractive for unimportant. Some 9% might vote for a certain “third voters – 10% (maybe except voters in the West, where force” neither supporting the government nor staying its importance was reported by 18% of residents).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 61 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

Which party (candidate) may be considered oppositional?* % of citizens polled

UKRAINE 46.7% 29.7% 28.0% 26.7% 22.7% 17.2% 15.5% 7.8% 0.6% That publicly That stands for National deputies That coordinates That demands Members of that Members of that Other Hard to say declares change of the from that party activity with resignation party do not work party do not occupy disagreement President are not members of other opposition of the Cabinet in the Cabinet positions in local with the policy the pro presidential forces of Ministers of Ministers, executive bodies of the President parliamentary presidential (regional and and the executive majority structures district state branch administrations)

REGIONS AGE PARTY AFFILIATION Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine That publicly declares disagreement with the 48.7 44.6 48.0 46.9 49.7 45.7 48.3 43.3 46.0 52.0 57.6 51.8 50.0 42.0 51.0 43.1 policy of the President and the executive branch That stands for change of the President 33.2 30.1 8.9 37.0 28.2 29.2 26.7 32.6 31.4 33.6 34.5 32.1 22.7 28.0 31.8 26.6 National deputies from that party are not members 35.1 33.1 21.0 21.9 29.3 31.2 26.4 28.7 25.4 35.3 37.3 28.8 36.0 24.2 46.5 21.4 of the pro-presidential parliamentary majority That coordinates activity with 30.8 28.9 33.4 18.9 25.3 29.2 27.3 29.0 24.3 34.6 32.8 17.0 30.3 30.8 29.9 21.1 other opposition forces That demands resignation of the Cabinet of Ministers 23.4 18.8 13.4 30.4 22.2 22.3 19.8 25.3 23.7 23.0 25.4 26.1 17.3 24.9 22.9 19.0 Members of that party do not work in the Cabinet 32.4 13.4 17.0 12.2 17.2 16.7 19.4 17.4 16.3 20.8 44.1 15.2 17.1 15.2 19.7 12.2 of Ministers, presidential structures Members of that party do not occupy positions in local executive bodies (regional and 18.8 3.7 10.8 4.0 7.5 7.2 9.3 11.0 5.5 10.0 20.3 4.5 12.0 5.6 10.8 4.9 district state administrations) Other 0.8 0.6 0.7 0.6 0.9 0.3 1.5 0.6 0.2 1.0 0.0 0.9 1.3 0.7 0.6 0.3 Hard to say 13.1 16.0 11.1 18.3 15.6 15.6 13.3 14.2 17.4 9.6 5.1 11.7 6.6 10.3 11.5 24.8 * Respondents were supposed to give several answers.

Concerning candidates nominated by political • wellbeing of citizens: the average score of parties, their personal qualities will matter for only importance on a five-point scale is 4.72 (from 29% of voters, actually irrespective of the region. 4.76 in the Centre to 4.67 in the West); From the viewpoint of electoral preferences, • economy in general: 4.71 (from 4.79 in the South to 4.66 in the West and the East); voters of Batkivshchyna and UDAR prioritise the person of the party leader (it topped the rating with 50% • establishment of order in the country: 4.67 (from 4.82 in the South to 4.59 in the East). and 57%, respectively), of Svoboda, CPU, “Ukraine – Forward!” and PR – the ideology and election Such rating of the subjects is the same for all programme of parties (respectively, 68%, 57%, 48% and regions, except the South, where the first place 48%). Personal qualities of a candidate nominated belongs to “establishment of order in the country” by a party are the most important for PR voters (33%), (4.89), second – “economy in general” (4.79), third – the least – of Svoboda (20%) (Table “When voting at “domestic policy” (4.72), and the “wellbeing of citizens” elections for a party or a candidate from a certain remained fourth (4.71).5 political party, what is the most important for you?”, p.66). 5 Also noteworthy, the subjects of wellbeing, social protection and economy in general dominate in all election programmes of the leading Importance of a party’s (candidate’s) attitude parties; the subjects of establishment of order in the country, fighting to subjects critical for society. The most important abuses and corruption are prioritised by Batkivshchyna, UDAR, Svoboda, while the PR programme actually disregards that issue (Annex 1 “Election for citizens will be a party’s (candidate’s) stand on the programmes of the main political parties…”, p.107-113; Tables build on following subjects: provisions of party programmes submitted to CEC.

62 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

Which political parties will you vote for at the next parliamentary elections? % of citizens polled

For those in opposition 23.3%

For those supporting the government 22.2%

Opposition or nonopposition of parties (candidates) are unimportant for me 21.4%

For those that neither support the government nor stay in opposition (“a third force”) 8.7%

I will not go to the polls 12.0%

Hard to say 12.4%

Two things strike the eye. First: freedom and The least important is the information about: the democracy ranked only eighth in the rating of candidate’s sex (2%); religiosity and confessional critical subjects – both national (4.40) and in all affiliation, place of birth (5%); party membership (6%); regions, except the West, where it ranked seventh (4.44), support from regional elites, nationality (7%; in the West, and in all age groups, including youth of 18-29 years information about the candidate’s nationality is more (4.41) and all groups of potential voters, except those of important: there, it was wanted by 14% of those polled); Batkivshchyna (seventh, 4.56) and Svoboda (fifth, the attitude of the authorities and the opposition to the 4.58 points). candidate, his hobbies and habits (8% each). Information of the language the candidate talks is considered the Second: the most sensitive subjects actively most important by only 10% of citizens, but here, speculated on by some political forces in the election evident regional differences are observed: say, in the struggle are not the most important for citizens and West, such information is the most important for 23% tailed the rating. Namely, “treatment of Ukraine’s history, of residents, in the South – for 4%. assessments of specific historic persons and events” ranked ninth (4.21), “attitude to language issues” – Such rating of the importance of information, with tenth out of 10 subjects listed in the questionnaire. This some variations, is observed in all age groups and all is true for all age groups and all regions (only in the West, regions of the country. those subjects changed places). Noteworthy, information about presence or absence of criminal connections is seen as the most important by The top-three most important subjects mentioned only 32%; of accusations of corruption – 23%. There by potential voters of the leading parties little differ. is an impression that the majority of Ukrainian citizens The only difference was that for Svoboda’s voters, “foreign can put up with the candidate’s corruption and criminal policy” ranked third, and for the voters of “Ukraine – connections if he meets earlier promises (for instance, Forward!”, “fighting corruption” and “fighting crime” helped to lay a gas pipeline to some area, to build a shared the third line (Table “When choosing the party to school, etc.) or spends money on solution of pressing vote for, how important for you is the party’s position on problems (e.g., votes for payment of allowances to the following subjects?”, p.67). Chornobyl veterans). Importance of information on parliamentary Ratings of the importance of information candidates. Voters consider the most important information dependent on electoral likings somewhat differ. about: For instance, voters of Svoboda and UDAR rated the • fulfilment or non-fulfilment of earlier promises importance of information about criminal connections, by the candidate – this opinion was reported by respectively, third and fourth (42% and 39%), PR voters 58% of those polled (from 61% in the Centre to rated fourth the candidate’s election programme (49%). 55% in the East); Somewhat more important are: the language the • actions of the candidate aimed at solution of candidate talks – for the voters of Batkivshchyna, fundamental political and economic problems – UDAR and Svoboda (18% and 22%, respectively); the 52% (from 55% in the Centre to 47% in the South); candidate’s nationality – of Svoboda, UDAR and Batkivshchyna (19%, 13% and 11%, respectively); • the candidate’s experience of work – 48% (from the candidate’s religiosity and confessional affiliation – 54% in the Centre to 45% in the West and East); of Svoboda (12%) (Table “What information on a • the candidate’s programme and moral qualities candidate for the Verkhovna Rada is the most important (39% and 38%, respectively). for you?”, p.69).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 63 “Portrait” of a wouldbe national deputy, RATING OF THE PARTIES EXPECTED TO ENTER THE PARLIAMENT: as seen by voters (West)** A desired member of Ukraine’s Parliament: tJTBNBMF SBUIFSUIBOBGFNBMFBQFSTPOPGBHF tVQIPMETDFSUBJOJEFPMPHJDBMBOEQPMJUJDBMWJFXTIBTIJTPXOWJFXT SBUIFSUIBOBHSFFTXJUIUIFNBKPSJUZ tJTFYQFSJFODFEJOQPMJUJDT OPUFMFDUFEBOBUJPOBMEFQVUZZFUSFQSFTFOUTUIFPQQPTJUJPO tJTBMPDBMQPMJUJDJBOBOEBDBOEJEBUFOPNJOBUFECZBQBSUZ SBUIFSUIBOBTFMGOPNJOFF 29.1 tIBTOPUIJOHUPEPXJUICVTJOFTT JTBCVTJOFTTNBOBHFS IBTFYQFSJFODFPGXPSLBUBOFOUFSQSJTF PSBMBXZFS  IBTOPUIJOHUPEPXJUIDSFBUJWFQSPGFTTJPOT QSFGFSBCMZuPSJHJOBUFTGSPNUIBUSFHJPO SBUIFSUIBOJTB,ZJWCBTFEQPMJUJDJBO tTUBOETGPSTUSPOHTPDJBMQSPUFDUJPOPGUIFQPQVMBUJPOCZUIFTUBUF SBUIFSUIBOCFMJFWFTUIBUFWFSZPOFTIPVMEQSPWJEFGPSPOFTFMG  19.2 BOEBUUIFTBNFUJNFuJOFDPOPNJDJTTVFTQBZTNPSFBUUFOUJPOUPFDPOPNJDHSPXUIBOESFDPWFSZJOHFOFSBM CFMJFWFTUIBU UIFMFWFMPGXBHFTBOEQFOTJPOTTIPVMESFTUPOPWFSBMMFDPOPNJDEFWFMPQNFOUPGUIFDPVOUSZ SBUIFSUIBOTUBOETGPSXBHF 11.7 BOEQFOTJPOSJTF FWFOJGUIJTVOEFSNJOFTUIFFDPOPNZBOEDBOMFBEUPBOFDPOPNJDDSJTJT 4.6 tTUBOETGPSHSBEVBMUSBOTGPSNBUJPOT SBUIFSUIBOSBEJDBM 42.6 4.2 2.4 SFGPSNTEPFTOPUIVSSZUPDIBOHFIJTDPOEVDUXJUI DIBOHFPGUIFTJUVBUJPO 6OEFDJEFEu tTUBOETGPSTUBCJMJUZJOUIFDPVOUSZ FWFOJGJUSFRVJSFT SFTUSJDUJPOPGDJWJMSJHIUTBOEGSFFEPNT tTUBOETGPS6LSBJOFqTSBQQSPDIFNFOUXJUIUIF&6 SBUIFS UIBO3VTTJB BOEBUUIFTBNFUJNFuCFMJFWFTUIBU6LSBJOJBO 6OEFDJEFEu TIPVMECFUIFPOMZPGGJDJBMMBOHVBHFJO6LSBJOF SBUIFSUIBO 14.7 TFFLTBOPGGJDJBMTUBUVTGPSUIF3VTTJBOMBOHVBHF 37.7 32.0 8.9 tCFMJFWFTUIBUHBTBOEQFUSPMQSJDFT 49.7 7.4 GPSIPVTFIPMETTIPVMEOPUCFSBJTFE  3.7 6OEFDJEFEu FWFOJGUIJTMFBETUPHSPXUI 2.6 PG6LSBJOFqTFOFSHZEFQFOEFODF 16.0 6OEFDJEFEu Lutsk Rivne 10.0 50.9 16.0 9.5 4.3 3.0 9.9 8.5 5.2 33.4 16.9 3.3 KYIV 14.0 Lviv Zhytomyr 3.4 2.1 0.8 14.1 Ternopil 32.2 13.8 6OEFDJEFEu 14.013.6 Khmelnytskyi 5.5 4.9 4.0 34.9 3.3 Vinnytsya 2.8 0.9 16.3 36.1 ªÂ¿ÅÄʽÔÅÈÅÎÜu 12.0 39.6 Ivano 6OEFDJEFEu 7.7 18.7 6.4 6.4 Frankivsk 43.4 14.0 Uzhhorod 22.1 6OEFDJEFEu 4.7 11.7 15.7 1.7 0.9 10.1 Chernivtsi 6.6 6.0 4.7 6OEFDJEFEu 4.7 2.6 2.1 13.8 13.8 6OEFDJEFEu 6OEFDJEFEu 2.5 2.5 6OEFDJEFEu 1.9 37.0 “Portrait” of a wouldbe national deputy, as seen by voters (Centre)** A desired member of Ukraine’s Parliament: tJTBNBMF SBUIFSUIBOBGFNBMFBZPVOHQFSTPO tVQIPMETDFSUBJOJEFPMPHJDBMBOEQPMJUJDBMWJFXTIBTIJTPXOWJFXT SBUIFSUIBOBHSFFTXJUIUIFNBKPSJUZ 6OEFDJEFEu tJTFYQFSJFODFEJOQPMJUJDT NBZCFBGPSNFSOBUJPOBMEFQVUZSFQSFTFOUTUIFPQQPTJUJPO 16.9 tJTBMPDBMQPMJUJDJBOBOEBDBOEJEBUFOPNJOBUFECZBQBSUZ SBUIFSUIBOBTFMGOPNJOFF 13.1 tIBTOPUIJOHUPEPXJUICVTJOFTT JTBCVTJOFTTNBOBHFS IBTFYQFSJFODFPGXPSLBUBOFOUFSQSJTF PSBMBXZFS  8.8 IBTOPUIJOHUPEPXJUIDSFBUJWFQSPGFTTJPOT BUUIFTBNFUJNFuCZIJTXFMMCFJOHJTDMPTFUPUIFNBKPSJUZPGUIF 4.3 EJTUSJDUqTSFTJEFOUTBOEVOEFSTUBOETUIFJSNBUFSJBMQSPCMFNT QSFGFSBCMZuPSJHJOBUFTGSPNUIBUSFHJPO SBUIFS 0.8 UIBOJTB,ZJWCBTFEQPMJUJDJBO tTUBOETGPSTUSPOHTPDJBMQSPUFDUJPOPGUIFQPQVMBUJPOCZUIFTUBUF SBUIFSUIBOCFMJFWFTUIBUFWFSZPOFTIPVME QSPWJEFGPSPOFTFMG BOEBUUIFTBNFUJNFuJOFDPOPNJDJTTVFTQBZTNPSFBUUFOUJPOUPFDPOPNJDHSPXUIBOESFDPWFSZ JOHFOFSBM CFMJFWFTUIBUUIFMFWFMPGXBHFTBOEQFOTJPOTTIPVMESFTUPOPWFSBMMFDPOPNJDEFWFMPQNFOUPGUIFDPVOUSZ  SBUIFSUIBOTUBOETGPSXBHFBOEQFOTJPOSJTF FWFOJGUIJTVOEFSNJOFTUIFFDPOPNZBOEDBOMFBEUPBOFDPOPNJDDSJTJT Odesa tGJUTDPOEVDUUPDJSDVNTUBODFT tTUBOETGPSTUBCJMJUZJOUIFDPVOUSZ FWFOJGJUSFRVJSFTSFTUSJDUJPOPGDJWJMSJHIUTBOEGSFFEPNT tTUBOETGPS6LSBJOFqTSBQQSPDIFNFOUXJUIUIF&6 SBUIFSUIBO3VTTJB BOEBUUIFTBNFUJNFuCFMJFWFTUIBU6LSBJOJBO TIPVMECFUIFPOMZPGGJDJBMMBOHVBHFJO6LSBJOF SBUIFSUIBOTFFLTBOPGGJDJBMTUBUVTGPSUIF3VTTJBOMBOHVBHF tCFMJFWFTUIBUHBTBOEQFUSPMQSJDFTGPSIPVTFIPMETTIPVMEOPUCFSBJTFE FWFOJGUIJTMFBET UPHSPXUIPG6LSBJOFqTFOFSHZEFQFOEFODF AllUkrainian Association Batkivshchyna

Party of Regions UDAR

AllUkrainian Association Svoboda

“Ukraine – Forward!”

CPU

5IFQPMMXBTDPOEVDUFECZ(G,6LSBJOFSFTFBSDIDPNQBOZ 4PDJPMPHJDBM(SPVQ3"5*/( 40$*4$FOUSFGPS4PDJBMBOE.BSLFUJOH3FTFBSDIBOE3B[VNLPW$FOUSFPO+VMZu"VHVTU   SFTQPOEFOUTBHFEBCPWFZFBSTXFSFQPMMFEJOBMMSFHJPOTPG6LSBJOF5IFTBNQMFUIFPSFUJDBMFSSPSJT 4VDITVCEJWJTJPOPGUIFUFSSJUPSJFTBDDPSEJOHUPSFHJPOTJTVTFE8FTU7PMZO 5SBOTDBSQBUIJBO *WBOP'SBOLJWTL -WJW 3JWOF 5FSOPQJMBOE$IFSOJWUTJSFHJPOT 4PVUIUIF"VUPOPNPVT3FQVCMJDPG$SJNFB .ZLPMBJW  0EFTBBOE,IFSTPOSFHJPOT &BTU%OJQSPQFUSPWTL %POFUTL ;BQPSJ[I[IZB -VIBOTLBOE,IBSLJWSFHJPOT$FOUSF,ZJW 7JOOZUTJB ;IZUPNZS ,ZJW ,JSPWPISBE 1PMUBWB 4VNZ ,INFMOZUTLZJ $IFSLBTZBOE$IFSOJIJWSFHJPOT 5IFrQPSUSBJUTsXFSFESBXOVQPOUIFCBTJTPGQVCMJDPQJOJPOQPMMTIFMECZ3B[VNLPW$FOUSFJOBMMSFHJPOTPG6LSBJOFGSPN.BZUJMM+VOF REGIONAL AND NATIONAL LEVEL “Portrait” of a wouldbe national deputy, as seen by voters (East)** If the Verkhovna Rada elections were held in the near A desired member of Ukraine’s Parliament: future. and the following parties were entered in the tJTBNBMF SBUIFSUIBOBGFNBMFBQFSTPOPGBHF ballot. what party would you vote for? tVQIPMETDFSUBJOJEFPMPHJDBMBOEQPMJUJDBMWJFXTIBTIJTPXOWJFXT SBUIFSUIBOBHSFFTXJUIUIFNBKPSJUZ % of those who plan to g to the polls tJTFYQFSJFODFEJOQPMJUJDT NBZCFBGPSNFSOBUJPOBMEFQVUZCFMPOHTUPBMPZBMQBSUZ tJTBMPDBMQPMJUJDJBOBOEBDBOEJEBUFOPNJOBUFECZBQBSUZ SBUIFSUIBOBTFMGOPNJOFF All-Ukrainian Association Batkivshchyna 26.2 tIBTOPUIJOHUPEPXJUICVTJOFTT JTBCVTJOFTTNBOBHFS IBTFYQFSJFODFPGXPSLBUBOFOUFSQSJTF PSBMBXZFS Party of Regions 24.6 IBTOPUIJOHUPEPXJUIDSFBUJWFQSPGFTTJPOT BUUIFTBNFUJNFuCZIJTXFMMCFJOHJTDMPTFUPUIFNBKPSJUZPGUIF UDAR 11.8 EJTUSJDUqTSFTJEFOUTBOEVOEFSTUBOETUIFJSNBUFSJBMQSPCMFNT QSFGFSBCMZuPSJHJOBUFTGSPNUIBUSFHJPO SBUIFS CPU 9.4 IBOJTB,ZJWCBTFEQPMJUJDJBO “Ukraine – Forward!” 4.3 tTUBOETGPSTUSPOHTPDJBMQSPUFDUJPOPGUIFQPQVMBUJPOCZUIFTUBUF SBUIFSUIBOCFMJFWFTUIBUFWFSZPOFTIPVME All-Ukrainian Association Svoboda 4.2 QSPWJEFGPSPOFTFMGBOEBUUIFTBNFUJNFuJOFDPOPNJDJTTVFTQBZTNPSFBUUFOUJPOUPFDPOPNJDHSPXUI People’s Party 1.3 BOESFDPWFSZJOHFOFSBM CFMJFWFTUIBUUIFMFWFMPGXBHFTBOEQFOTJPOTTIPVMESFTUPOPWFSBMMFDPOPNJD Our Ukraine 0.8 EFWFMPQNFOUPGUIFDPVOUSZ SBUIFSUIBOTUBOETGPSXBHFBOEQFOTJPOSJTF FWFOJGUIJTVOEFSNJOFTUIF Radical Party of 0.4 FDPOPNZBOEDBOMFBEUPBOFDPOPNJDDSJTJT Would vote for another party 1.7 tTUBOETGPSHSBEVBMUSBOTGPSNBUJPOT SBUIFSUIBOSBEJDBMSFGPSNTGJUTDPOEVDUUPDJSDVNTUBODFT Hard to say 15.3 tTUBOETGPSTUBCJMJUZJOUIFDPVOUSZ FWFOJGJUSFRVJSFTSFTUSJDUJPOPGDJWJMSJHIUTBOEGSFFEPNT 29.0 Chernihiv tTUBOETGPS6LSBJOFqTSBQQSPDIFNFOUXJUI3VTTJB SBUIFSUIBOUIF&6 BOEBUUIFTBNFUJNFuTFFLTBOPGGJDJBMTUBUVTGPSUIF3VTTJBOMBOHVBHF tCFMJFWFTUIBUHBTBOEQFUSPMQSJDFTGPSIPVTFIPMETTIPVMEOPUCFSBJTFE 19.4 FWFOJGUIJTMFBETUPHSPXUIPG6LSBJOFqTFOFSHZEFQFOEFODF 15.1 32.5 9.7 Sumy 4.8 3.2 17.5 6OEFDJEFEu 11.3 9.8 6.7 2.6

6OEFDJEFEu 33.5 Kharkiv 24.0 23.7 38.8 49.6 19.0 Poltava 6OEFDJEFEu 6OEFDJEFEu 7.5 16.1 15.4 Cherkasy 5.7 2.2 10.4 14.4 14.0 5.0 6OEFDJEFEu 1.5 8.4 21.3 7.2 36.0 Luhansk 3.2

6OEFDJEFEu 6OEFDJEFEu 49.0 6.0 36.6 3.5 3.0 Kirovohrad 15.9 Dnipropetrovsk 0.3 13.6 10.8 6OEFDJEFEu Donetsk 3.2 18.6 1.9 13.0 Zaporizhya 17.7 5.6 4.3 0.6 31.2 34.1 5.2 6OEFDJEFEu 2.7 2.2 Mykolayiv 1.1 15.313.9 6OEFDJEFEu 20.6 17.1 30.3 8.1 4.7 Kherson 1.4 7.1 3.5 18.0 “Portrait” of a wouldbe national deputy, as seen by voters (South)** 0.6 A desired member of Ukraine’s Parliament: 14.012.9 tJTBNBMF SBUIFSUIBOBGFNBMFBQFSTPOPGBHF 6OEFDJEFEu 7.3 tVQIPMETDFSUBJOJEFPMPHJDBMBOEQPMJUJDBMWJFXT 2.2 IBTIJTPXOWJFXT SBUIFSUIBOBHSFFTXJUIUIFNBKPSJUZ tJTFYQFSJFODFEJOQPMJUJDT NBZCFBGPSNFS 52.5 6OEFDJEFEu OBUJPOBMEFQVUZCFMPOHTUPBMPZBMQBSUZ tJTBMPDBMQPMJUJDJBOBOEBDBOEJEBUFOPNJOBUFECZBQBSUZ SBUIFSUIBOBTFMGOPNJOFF tIBTOPUIJOHUPEPXJUICVTJOFTT JTBCVTJOFTTNBOBHFS IBTFYQFSJFODFPGXPSLBUBOFOUFSQSJTF PSBMBXZFS IBTOPUIJOHUPEPXJUIDSFBUJWFQSPGFTTJPOT BUUIFTBNFUJNFuCZIJTXFMMCFJOHJTDMPTFUP UIFNBKPSJUZPGUIFEJTUSJDUqTSFTJEFOUTBOEVOEFSTUBOETUIFJSNBUFSJBMQSPCMFNT QSFGFSBCMZuPSJHJOBUFTGSPNUIBUSFHJPO SBUIFSUIBOJTB,ZJWCBTFEQPMJUJDJBO 6OEFDJEFEu tTUBOETGPSTUSPOHTPDJBMQSPUFDUJPOPGUIFQPQVMBUJPOCZUIFTUBUF SBUIFSUIBO CFMJFWFTUIBUFWFSZPOFTIPVMEQSPWJEFGPSPOFTFMG BOEBUUIFTBNFUJNFu Simferopol JOFDPOPNJDJTTVFTQBZTNPSFBUUFOUJPOUPFDPOPNJDHSPXUIBOESFDPWFSZ JOHFOFSBM CFMJFWFTUIBUUIFMFWFMPGXBHFTBOEQFOTJPOTTIPVMESFTUPO 14.4 11.4 PWFSBMMFDPOPNJDEFWFMPQNFOUPGUIFDPVOUSZ SBUIFSUIBOTUBOETGPS XBHFBOEQFOTJPOSJTF FWFOJGUIJTVOEFSNJOFTUIFFDPOPNZBOEDBOMFBEUPBOFDPOPNJDDSJTJT 3.8 tTUBOETGPSHSBEVBMUSBOTGPSNBUJPOT SBUIFSUIBOSBEJDBMSFGPSNTGJUTDPOEVDUUPDJSDVNTUBODFT 2.3 0.9 tTUBOETGPSTUBCJMJUZJOUIFDPVOUSZ FWFOJGJUSFRVJSFTSFTUSJDUJPOPGDJWJMSJHIUTBOEGSFFEPNT tTUBOETGPS6LSBJOFqTSBQQSPDIFNFOUXJUI3VTTJB SBUIFSUIBOUIF&6 BOEBUUIFTBNFUJNFuTFFLTBOPGGJDJBMTUBUVTGPSUIF3VTTJBOMBOHVBHF tCFMJFWFTUIBU6LSBJOFTIPVMECFJOEFQFOEFOUJOFOFSHZTVQQMZGSPN PUIFSDPVOUSJFT FWFOJGGPSUIBU FOFSHZSBUFTGPSIPVTFIPMENVTUCFSBJTFE PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

When voting at elections for a party or a candidate from a certain political party, what is the most important for you?* % of citizens polled REGIONS AGE PARTY AFFILIATION Forward! – CPU East West UKRAINE South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine The ideology, election programme of a party 44.7 40.8 45.8 52.1 42.6 43.8 44.5 46.2 50.0 41.0 44.1 67.8 57.1 48.0 47.6 47.1 42.5

The party leader 40.9 52.7 49.3 25.9 32.9 35.7 41.9 41.7 42.7 43.3 49.8 42.4 39.3 43.4 39.9 56.7 41.3

Positive perception of the party’s past activity 34.3 34.2 30.2 45.9 33.0 33.9 31.7 32.8 34.8 37.1 36.1 35.6 50.9 25.3 40.6 32.5 32.7

Personal qualities of the candidate 28.6 27.5 29.4 30.7 27.5 28.6 29.4 27.6 29.9 27.8 27.0 20.3 27.9 29.3 33.1 29.5 28.7 nominated by the party

Activity of the local party organisation 21.3 14.6 21.8 15.7 27.4 21.1 21.7 23.3 22.0 19.6 18.1 13.8 20.5 21.3 29.4 20.4 26.6

Presence of known and respected persons in the 9.9 17.5 8.5 6.9 8.1 10.4 8.7 10.7 9.0 10.2 12.3 13.8 6.3 10.7 7.9 15.3 8.0 election list

The party name 4.8 6.7 2.5 4.6 5.9 4.0 4.9 4.9 3.8 6.1 5.1 8.5 8.0 10.5 6.1 2.5 3.1 Affiliation of the party with the opposition 4.6 9.8 4.0 3.9 2.1 3.5 4.0 5.2 4.9 4.7 13.5 10.3 0.0 6.6 1.6 5.7 0.6 Publicity of the party 4.2 2.6 1.5 3.6 7.9 4.4 5.5 3.8 2.0 4.9 2.7 3.4 4.5 0.0 4.2 6.4 4.9 Affiliation of the party with the authorities 4.0 2.1 2.5 7.5 5.3 4.2 4.9 2.3 2.9 5.1 1.0 0.0 2.7 3.9 12.1 1.9 2.1

Personal acquaintance with the party members 3.5 2.3 4.3 3.0 3.7 4.6 4.3 2.6 2.6 3.1 3.9 3.4 2.7 9.2 3.7 1.9 3.1 Attractive political advertising of a party 2.6 2.1 2.5 2.6 3.3 2.0 3.5 1.7 2.6 3.3 2.2 3.4 1.8 5.3 3.3 1.9 2.4

Other 1.2 0.5 1.5 0.7 1.5 1.3 1.2 1.7 1.5 0.4 0.7 0.0 0.0 0.0 0.7 1.3 1.5

Hard to say 8.4 7.4 5.7 5.2 13.4 9.9 8.4 9.6 7.5 7.0 3.7 3.4 2.7 1.3 2.6 1.3 11.0 * Respondents were supposed to give not more than three acceptable answers. Importance of concrete actions of a parliamentary • Comparatively less important for voters are the candidate. The most important for voters will be the following features of a candidate: following aspects of a candidate’s activity (cited are • presence of a strong team of aides and aspects assessed above 4.10 points on a five-point consultants – 3.87 (from 4.28 to 3.52); scale; in next to all cases, the maximum value was reported in the South, minimum – in the West): • presence of a personal web site in the Internet – 3.15 (from 3.82 to 2.77); • active work at plenary sittings of the Verkhovna Rada – 4.25 (from 4.63 to 4.05); • presence of a personal page in social networks – 3.08 (from 3.79 to 2.70). • promise to publicly discuss all bills concerning the majority of citizens – also 4.25 points (from The ratings slightly differ for voters in different 4.70 to 3.92); regions and supporters of different political parties, but those differences are not fundamental (Table “How • active legislative work – 4.23 (from 4.40 to 4.03); important for your voting for a candidate for Ukraine’s • active work in committees – 4.19 (from 4.50 Parliament are his following actions?”, p.70). to 3.94); 4.4. CITIZENS’ IDEAS OF • promise to initiate adoption of a law of A NATIONAL DEPUTY OF UKRAINE6 punishment of MPs voting with cards of People’s ideas of the main mission of a national deputy, others – 4.18 (from 4.53 to 3.89); his place and role in the system of state governance vary: • promise to quarterly release a report of work • 23% of citizens are sure that a national deputy is, in mass media and the Internet – 4.18 (from first of all, “a guarantor of human rights” (from 4.66 to 3.93); 27% in the Centre to 19% in the West); • publication of a declaration of incomes in • 21% see him as “a representative of citizens in mass media and the Internet – 4.14 (from 4.59 the legislative body” (from 25% in the West to to 3.93). 17% in the East);

6 This subsection builds on the poll results summed up in Tables “A national deputy of Ukraine in the first place is …”, pp.74-75; “‘Portrait’ of a would-be national deputy people would like to elect to the Verkhovna Rada of Ukraine”, pp.74-75. “Portraits” of would-be national deputies as seen by voters in each region are presented on Map “Rating of the parties expected to enter the parliament...”, pp.64-65.

66 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

When choosing the party to vote for, how important for you is the party’s position on the following subjects?* average score

UKRAINE 4.72 4.71 4.67 4.57 4.56 4.56 4.49 4.40 4.21 4.11

Wellbeing Economy Establishment Fighting Fighting Domestic Foreign Level of Treatment of Attitude to of the population in general of order in corruption crime policy policy freedom Ukraine’s history, language the country and assessments of issues democracy specific historic persons and events

REGIONS AGE PARTY AFFILIATION Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Wellbeing of the population 4.67 4.76 4.71 4.71 4.75 4.66 4.70 4.73 4.75 4.77 4.78 4.87 4.39 4.71 4.70 4.76 Economy in general 4.66 4.75 4.79 4.66 4.68 4.69 4.71 4.76 4.72 4.76 4.81 4.84 4.40 4.73 4.71 4.77 Establishment of order in the country 4.65 4.69 4.82 4.59 4.63 4.65 4.66 4.71 4.70 4.69 4.60 4.76 4.28 4.70 4.68 4.79 Fighting corruption 4.57 4.61 4.56 4.55 4.60 4.52 4.58 4.58 4.57 4.67 4.56 4.61 4.34 4.55 4.50 4.64 Fighting crime 4.48 4.64 4.59 4.51 4.56 4.50 4.52 4.60 4.59 4.60 4.57 4.71 4.34 4.60 4.54 4.55 Home policy 4.43 4.59 4.72 4.52 4.55 4.54 4.54 4.55 4.59 4.63 4.56 4.69 4.31 4.62 4.50 4.61 Foreign policy 4.45 4.54 4.70 4.36 4.50 4.41 4.50 4.58 4.49 4.53 4.70 4.64 4.20 4.49 4.49 4.58 Level of freedom and democracy 4.44 4.45 4.46 4.29 4.41 4.36 4.37 4.48 4.38 4.56 4.58 4.20 4.29 4.33 4.43 4.44 Treatment of Ukraine’s history, assessments of specific historic 4.34 4.26 4.30 4.02 4.21 4.16 4.23 4.26 4.19 4.33 4.40 4.07 4.10 4.17 4.24 4.27 persons and events

Attitude to language issues 4.39 4.08 4.22 3.91 4.05 4.10 4.14 4.18 4.11 4.29 4.33 3.91 3.93 4.06 4.07 4.16 * On a five-point scale from 1 to 5, where “1” means “entirely unimportant”, “5” – “very important”. • 19% – as “a person who drafts and adopts laws” SUMMARY “PORTRAIT” OF A WOULD-BE NATIONAL DEPUTY, AS SEEN BY VOTERS (from 24% in the East to 14% in the West); The desired Member of Parliament of Ukraine: • 18% – as “a representative of a certain political • is a male, rather than a female • upholds certain ideological and political views; has his own force, an exponent of its ideology” (from 23% in views, rather than agrees with the majority the West to 14% in the East); • is experienced in politics, may be a former national deputy; represents the opposition • 10% – as “a monitor of central and local executive • is a local politician and a candidate nominated by a party, rather authorities” (from 13% in the South to 7% in the than a self-nominee West). • has nothing to do with business, is a business manager, has experience of work at an enterprise, or a lawyer, at the same Regarding differences dependent on electoral likings time – by his wellbeing is close to the majority of the district’s of respondents: for potential voters of Batkivshchyna, residents and understands their material problems, preferably – originates from that region, rather than is a Kyiv-based politician a national deputy is first of all “a representative of • stands for strong social protection of the population by the citizens in the legislative body” (25%); for CPU voters – state, rather than believes that everyone should provide oneself, “a person who drafts and adopts laws” (25%); for PR, and at the same time, in economic issues pays more attention to economic growth in general, believes that the level of wages Svoboda and UDAR voters – “a guarantor of human rights” and pensions should rest on overall economic development of (30%, 24% and 26%, respectively). the country, rather than stands for wage and pension rise, even if this undermines the economy and can lead to an economic crisis Personal qualities wanted by citizens from national • stands for gradual transformations, rather than radical reforms; deputies are summed up in more detail in Box “Summary does not hurry to change his conduct with change of the situation • stands for stability in the country, even if it requires restriction “portrait” of a would-be national deputy, as seen by of civil rights and freedoms voters”. Analysing that “portrait”, one can see two • stands for Ukraine’s rapprochement with Russia, not the EU, features specific of the Ukrainian society: prevalence of and at the same time – believes that Ukrainian should be the only official language in Ukraine, rather than seeks an official the regional identity, manifested in greater trust in local status for the Russian language politicians and/or originates from a “native” region, and • believes that gas and petrol prices for households should not priority to “stability” even at the expense of restriction be raised, even if this leads to growth of Ukraine’s energy dependence of civil rights and freedoms.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 67 PARLIAMENT AND THE 2012 PARLIAMENTARY ELECTIONS IN UKRAINE

8 August 2012 6.4 6.5 38.8 48.2

31. February 2012 6.2 7.4 December 2011 54.6 4.6 6.6 26.2 62.6 33.6 August 2011 6.6 5.4 54.4

5.1 May 2011 34.6 5.9 56.3 1 32.8

7. March 2011 7.3 50.9 10.8

7.3 February 2011 35.1 Mykola Azarov Prime Minister 46.9 November 2010 7.1 13.2 34.8 38.4 44.9 August 2010 6.5 40.8 28.0

14.3 May 2010 8.5 36.8 46.7

7.9 March 2010 26.7 8.2 37.2 56.7

3.5 December 2010 5.0 34.8

5.6 October 2009 4.2 31.3 58.8 .8 5.6

6.3 July 2009 31.3 56 March 2009 63.7 2.2 3.8 30.3 Hard to say 5.8 December 2008 27.4 4.3 44.2 8.6 62.5 April 2008 9.5 37.7 Prime Minister

8.0 March 2008 38.7 Yuliya Tymoshenko 44.2 9.1 February 2008 5.9 28.7 48.7 16.6 12.2 37.8 December 2007 13.8 36.1 39.7 September 2007 5.7 43.9 10.8

38.8 April 2007 5.3 16.1 39.8 February 2007 5.7 39.5 44.2 9.2 Victor Do not support 10.6

9.4 December 2006 42.4 39.1 Yushchenko Prime Minister 43.7

9.2 September 2006 10.0 37.1

37.8 May 2006 6.0 9.2 47.0 January 2006 10.5 9.1 38.0 11.6 Yuriy 44.6 November 2005 6.7 42.4 37.2 Yekhanurov 11.2

Prime Minister September 2005 8.5 47.7 22.1

26.3

32.6 Yuliya Tymoshenko Yuliya August 2005 6.9

28.1 Prime Minister Prime 44.6

9.8 June 2005 % of citizens polled 35.3 39.9 22.2

9.6 February 2005 18.8 36.4 December 2004 7.9 34.3 44.2 13.6

48.7 October 2004 9.3 32.4 9.6 June 2004 7.1 7.5 33.3 52.1 43.8 43.1 March 2004 5.8 7.2 43.2

7.8 December 2003 5.3 Do you support the activity of Ukrainian Government? 43.843.8 39.2 9.4 September 2003 August 2003 6.3 9.3 46.7 37.7 Prime Minister

7.5 June 2003 40.4 9.1 43.0 Victor Yushchenko

7.6 7.6 April 2003 41.3 10.6 40.5 Support entirely Support some steps

5.9 March 2003 8.1 41.1 44.9 9.6

5.6 December 2002 35.6 49.2 39.7 44.5 8.9

6.9 October 2002 9.3

9.0 May 2002 43.8 37.9 46.6

7.7 March 2002 6.0 39.7

8.8 January 2002 8.3 33.8 49.1 38.7 Prime Minister Anatoliy Kinakh 10.0 7.4 October 2001 43.9 40.7 11.8 June 2001 6.6 45.6

7.1 May 2001 40.9 35.3 12.0 37.1 10.3 December 2000 7.6 45.0 Victor

10.3 July 2000 33.8 10.2 Yushchenko 45.7 Prime Minister April 2000 13.5 38.0 11.4 37.2 0.0 80.0 70.0 60.0 50.0 40.0 30.0 20.0 10.0

68 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

What information on a candidate for the Verkhovna Rada is the most important for you?* % of citizens polled REGIONS AGE PARTY AFFILIATION Forward! – CPU East West UKRAINE South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Fulfilment or non-fulfilment of earlier promises 57.8 57.2 60.6 57.7 55.3 59.5 53.2 55.8 59.4 59.7 65.2 55.9 63.1 58.7 58.3 59.2 53.2 by the candidate

Actions of the candidate aimed at solving 52.2 53.0 54.7 47.2 51.6 51.5 53.2 49.0 53.2 53.6 57.7 61.0 66.7 59.2 54.5 61.5 43.4 fundamental political and economic problems

Work experience 48.3 44.5 53.5 49.2 44.9 44.5 48.0 46.1 52.0 50.9 50.4 39.7 55.9 42.7 56.9 35.7 53.8

Election programme of the candidate 38.6 26.2 37.4 48.2 42.6 36.1 38.2 37.5 45.3 37.1 32.6 30.5 49.5 34.7 49.4 38.9 37.3 Moral qualities 38.3 41.9 39.8 33.1 37.3 37.0 37.2 38.6 42.7 37.4 39.5 39.7 36.0 38.2 38.0 45.9 43.4 Professionalism in work 35.6 38.3 29.9 38.7 38.1 35.5 34.6 32.6 43.2 33.3 33.6 37.9 40.2 40.8 45.5 31.2 35.8 Information about presence or absence 31.6 34.1 25.9 22.3 39.9 31.3 33.1 31.7 32.5 30.2 37.0 42.4 34.8 30.3 27.0 39.1 28.4 of criminal connections

People working with him or her 28.5 28.5 23.5 24.6 35.2 28.4 28.6 25.9 31.9 28.0 27.0 35.6 32.1 28.0 38.7 32.5 22.9 Programme of the party supporting the candidate 28.2 19.8 23.6 31.5 35.9 26.0 26.3 29.0 30.8 29.2 24.6 28.8 35.7 32.9 38.8 24.2 24.2 His or her biography 23.7 21.6 23.1 26.9 23.9 22.2 21.4 23.3 25.0 25.9 24.3 23.7 25.0 26.7 25.9 33.3 21.7 Accusations of corruption 23.3 19.3 22.2 18.4 28.9 22.9 23.4 22.7 24.1 23.3 17.6 23.7 30.4 23.7 25.6 25.6 26.0

Domestic policy p riorities of the candidate 22.3 24.4 16.8 23.9 25.7 21.4 24.0 19.4 25.9 21.5 24.3 23.7 28.6 21.3 28.4 27.6 16.2

Business of the candidate or his relatives 21.9 21.3 22.7 15.7 24.2 22.2 25.9 18.9 23.8 19.6 21.1 24.1 17.9 18.7 23.8 25.5 22.3 Education 19.2 17.2 20.2 15.1 21.3 18.9 19.9 17.2 20.0 19.8 21.8 25.9 14.3 21.3 21.2 18.6 17.8

Connections of the candidate with different 19.0 17.7 17.4 13.1 24.0 19.4 19.0 19.8 19.2 18.0 17.4 27.1 18.9 16.0 18.2 21.0 21.4 financial-industrial groups

Personal incomes and property of the candidate 17.9 21.8 13.0 15.7 21.5 17.4 16.5 17.7 16.8 20.5 19.1 13.6 25.9 18.4 17.0 19.7 14.7

Foreign policy priorities of the candidate 17.8 18.5 11.9 20.7 21.9 17.2 18.8 18.8 18.6 16.2 18.6 27.1 25.0 15.8 19.8 23.6 12.2

Amount of funds spent by him or her on the 17.2 19.2 14.2 9.8 22.4 18.3 15.9 18.6 17.7 15.7 15.4 28.8 20.7 12.0 17.0 21.8 15.9 election campaign and sources of those funds Information about him or her provided by public 16.4 14.9 9.4 20.3 22.4 15.2 13.3 16.9 18.0 18.2 16.7 15.5 22.5 25.3 18.9 21.0 12.5 organisations

The candidate’s age 16.3 15.6 19.4 11.5 15.7 16.5 16.8 14.8 14.8 17.6 15.0 18.6 13.5 18.7 18.9 23.6 15.9

The language he or she talks 10.3 22.6 8.6 3.6 7.9 10.1 12.7 9.0 10.1 10.0 18.4 22.0 5.4 9.3 5.6 17.8 7.6

Hobbies and habits 8.3 8.7 8.3 7.9 8.4 10.3 6.9 8.4 9.9 6.5 8.6 8.6 2.7 10.5 6.1 15.3 10.7

Attitude of the authorities and the opposition 8.1 11.6 4.3 7.9 9.7 7.9 7.2 7.5 9.9 8.0 11.8 15.3 3.6 9.2 8.2 13.4 4.6 to the candidate

Nationality 7.3 13.9 6.3 5.2 5.3 8.1 6.6 6.7 6.4 8.0 10.8 19.0 5.4 8.0 5.1 12.8 4.9

Support by regional political elites 7.2 6.2 3.7 5.6 12.0 6.8 6.4 6.4 7.8 8.0 6.4 8.6 10.8 1.3 11.4 5.1 5.5

Membership in a political party 6.3 4.9 5.2 4.3 9.0 5.1 4.9 5.5 6.1 8.8 6.9 3.4 16.2 8.0 10.3 4.5 2.4

Place of birth 5.2 5.7 5.7 1.0 6.4 5.3 4.6 5.2 4.7 5.9 4.2 6.8 4.5 0.0 8.2 10.2 3.7 His or her religiosity and confessional affiliation 4.5 8.7 1.8 4.2 5.0 4.0 2.9 4.1 5.5 6.1 6.1 11.9 2.7 1.3 4.9 6.4 1.8 The candidate’s gender 1.9 2.1 1.4 0.7 2.9 2.0 2.0 3.2 0.3 2.0 1.2 1.7 0.9 3.9 1.9 5.1 1.8 Other 0.7 0.5 0.8 0.3 0.8 1.3 0.6 1.2 0.3 0.2 0.5 0.0 0.0 0.0 0.2 0.6 0.0 Hard to say 4.0 3.8 2.5 2.0 6.7 3.7 4.0 5.2 2.0 4.9 1.2 1.7 2.7 0.0 0.0 0.0 5.5 * Respondents were supposed to give all acceptable answers.

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How important for your voting for a candidate for Ukraine’s Parliament are his following actions?* average score

REGIONS AGE PARTY AFFILIATION Forward! – CPU East West UKRAINE South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Active work at plenary sittings of the Verkhovna Rada 4.25 4.05 4.21 4.63 4.23 4.19 4.20 4.25 4.28 4.32 4.23 4.24 4.41 4.17 4.44 4.17 4.19 Promise to arrange public discussions of all bills concerning the majority of citizens 4.25 3.92 4.16 4.70 4.32 4.23 4.21 4.26 4.27 4.30 4.12 3.84 4.61 4.19 4.45 4.28 4.14 Active legislative work 4.23 4.03 4.24 4.40 4.26 4.15 4.15 4.28 4.29 4.28 4.25 4.22 4.34 4.13 4.34 4.09 4.21 Active work in committees 4.19 3.94 4.15 4.50 4.22 4.14 4.18 4.19 4.16 4.26 4.15 4.09 4.44 4.13 4.38 4.08 4.09 Promise to initiate adoption of a law of punishment of MPs voting with cards of others 4.18 3.89 4.11 4.53 4.27 4.23 4.14 4.11 4.22 4.21 4.10 4.07 4.33 4.05 4.32 4.38 4.05 Promise to quarterly release a report of work 3.93 4.04 4.66 4.21 4.20 4.09 4.13 4.23 4.21 4.05 4.11 4.47 4.19 4.36 4.18 4.04 in mass media and the Internet 4.18 Publication of a declaration of incomes in mass media and the Internet 4.14 4.02 3.93 4.59 4.19 4.13 4.03 4.15 4.21 4.15 4.08 3.94 4.30 4.17 4.29 4.25 3.98 Promise to always vote in person without any exceptions 4.09 3.77 3.98 4.44 4.21 4.10 3.97 4.05 4.09 4.18 3.99 3.98 4.25 3.91 4.33 4.20 3.87 Promise to report in mass media and the Internet about expenditure of budget funds after each plenary session of Parliament 4.05 3.72 3.94 4.51 4.12 4.15 4.01 4.02 3.98 4.05 3.94 3.99 4.35 3.92 4.22 4.13 3.86 Publication of visiting hours for voters in mass media and the Internet 4.05 3.78 3.93 4.41 4.14 4.08 4.02 4.04 4.07 4.03 4.03 3.81 4.31 4.02 4.21 4.15 3.84 Presence of a strong team of aides and consultants 3.87 3.52 3.87 4.28 3.89 3.93 3.83 3.88 3.82 3.89 3.77 3.70 3.79 3.90 4.04 3.94 3.82 Presence of a personal web site in the Internet 3.15 2.77 3.07 3.82 3.13 3.42 3.22 3.17 3.07 2.88 2.96 3.05 2.71 3.20 3.36 3.27 3.11 Presence of a personal page in social networks 2.70 2.99 3.79 3.04 3.31 3.14 3.11 3.00 2.83 2.90 2.75 2.71 3.04 3.26 3.22 3.10 (Facebook, Kontakty, Twitter…) 3.08 * On a five-point scale from 1 to 5, where “1” means, entirely unimportant, “5” – very important. 4.5. PUBLIC EXPECTATIONS Some hopes are also observed with respect to: FROM THE NEW PARLIAMENT adoption of laws that will ensure resolute struggle with Expectations from the new Parliament are not too crime and corruption (2.3); cancellation or amendment optimistic. Generally, citizens do not expect from the of current inefficient laws (1.7); Ukraine’s accession to new Verkhovna Rada solution of specific, most pressing the EU (1.3). socio-political, economic, foreign policy problems. In the East, people only hope that the new Parliament: The only exception is “encouragement of Ukraine’s will promote Ukraine’s rapprochement with the Russian rapprochement with Russia”, where the index of Federation (12.3); pass laws that will ensure improvement expectations makes 7.1.7 of the socio-economic situation in the country (8.1); People least of all expect that the new Parliament support further privatisation of state enterprises (4.2). will cancel, first, privileges for MPs, state servants, In terms of electoral likings, voters of Batkivshchyna, prosecutors, judges, etc.: the index of expectations is Svoboda, “Ukraine – Forward!” and UDAR parties are the -46.1 (from -70.2 in the Centre to -19.4 in the South); most pessimistic in expectations from the new Parliament second, parliamentary immunity (-44.9, from -64.4 in (not a single positive value). Voters of the ruling party are the Centre to -19.7 in the South). naturally the most optimistic (13 positive values, from Also low are hopes for “restoration of justice in the 58.9 hoping that the new Parliament will “pass laws country, reduction of stratification in society” (-32.7, that will ensure improvement of the socio-economic from -53.9 in the Centre to -11.8 in the South); situation in the country” to 3.7 that it will “ensure “enhancement of guarantees of free medical care” (-32.4, Ukraine’s accession to the EU”. CPU voters expect from from -45.8 in the Centre to -21.3 in the East). In the the new Parliament only encouragement of Ukraine’s other domains present in the questionnaire, expectations rapprochement with the Russian Federation (30.6) and, are somewhat higher, but all indices of expectations in a way, passage of laws that will ensure improvement are negative, except the above-mentioned exception. of the socio-economic situation in the country (9.9) (Table “Do you expect the new Verkhovna Rada of The level of positive expectations is higher in the Ukraine elected in October, 2012 to…”, p.73). South. In particular, local residents hope that the new Parliament will: General assessment of changes. A relative majority • promote Ukraine’s rapprochement with the Russian of citizens expects no changes in the socio-political Federation (34.6); situation after the elections – such is the opinion of 41% • pass laws that will ensure improvement of the of those polled (from 51% in the Centre to 35% in the socio-economic situation in the country (22.6); West and South). • strengthen control of the executive branch activity Changes for the better ate expected by 23% (mainly in the capital and locally (11.9). in the South and East – 29% and 28%, respectively;

7 The difference of positive and negative expectations in per cent. Negative expectations are given with the “-” sign.

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do not represent interests of social groups, rather being “business projects” or structures “tailored” to a leader. Therefore, it may be assumed that the authorities, aware of the ruling political forces’ inability to win under the proportional system, used public spirits in their interests: to have a majority in Parliament by pushing their candidates in single-member constituencies. Meanwhile, ideological and political convictions of the citizens who made up their mind generally meet their electoral likings. Judging by the stand of potential voters, it may be suggested that one of the favourites of the election race – the All-Ukrainian Association Batkivshchyna – will compete with smaller rivals: UDAR, “Ukraine – Forward!”, in the West and Centre, optimists are fewer – 20% and the All-Ukrainian Association Svoboda. Those four 18%, respectively). political forces work on actually the same electoral field Changes for the worse are expected by only 7% of made up of supporters of the national democratic those polled, evenly present in age groups and regions. and social democratic ideological and political 28% of respondents remained undecided about changes trends, and those who remain undecided in their after the elections. ideological and political stand.8 By electoral likings, changes for the better are The main factors that influence voters’ choice include: most of all expected by PR voters (56%), least of all – • the party’s ideology, election programme, the of Svoboda (9%); changes for the worse – vice versa: person of its leader and a positive perception most of all – by the voters of Svoboda (19%), least of its previous activity. As regards a candidate of all – of PR (3%). No changes are expected first nominated by a political party, his personal of all by voters of CPU (46%), Batkivshchyna (44%) qualities will be important for less than a third and “Ukraine – Forward!” (42%). This opinion is of citizens. Voters of Batkivshchyna and UDAR least of all shared by PR voters (21%); by voters of prioritise the person of the party leader; voters Svoboda – 34%. of Svoboda, CPU, “Ukraine – Forward!” and the Party of Regions – ideology and the election Also noteworthy, quite many supporters of the programme. Personal qualities of a candidate leading parties could not produce a definite opinion nominated by a party are especially important regarding changes after the elections: among the for the PR voters; voters of Svoboda – 39%, UDAR – 34%; Batkivshchyna – • the party’s (candidate’s) primary concern 32%; CPU and “Ukraine – Forward!” – 28% each. Only with wellbeing of the population, economy in among PR voters, those undecided make 21% (Table general, establishment of order in the country. “Will the socio-political situation in the country change At that, the most sensitive subjects (“treatment after the elections (and how)?”, p.54). of Ukraine’s history, assessments of specific historic persons and events”, “attitude to Such situation, combined with the miserly share of language issues”) actively speculated on by optimists in general (except PR voters), may witness some political forces in the election struggle are both voters’ disbelief in the victory of their parties, not the most important for the people; and the sincerity of intentions and abilities of those parties to change the situation for the better. • information of a parliamentary candidate concerning, first of all, fulfilment or non- CONCLUSIONS fulfilment of earlier promises; actions aimed at solution of fundamental political and economic The current parliamentary election campaign takes problems; work experience; the candidate’s place against the background of generally unfavourable programme and moral qualities; and pessimistic public spirits, low support for the • important for voters will also be the following institutes of state governance, mainly negative social features and actions of parliamentary wellbeing of citizens – which, as noted above, may lead candidates: active work at plenary sittings of to radicalisation of voters at elections (growing support the Verkhovna Rada; promise to publicly for extreme left and/or rights political forces). discuss all bills concerning the majority of Introduction of the mixed system of parliamentary citizens; active legislative work; active work in committees; promise to initiate adoption elections formally meets the people’s attitude to of a law on punishment of MPs voting with political parties and high uncertainty of their cards of others; promise to quarterly release a ideological and political stand. On the other hand, one report of work in mass media and the Internet; should keep in mind that the overwhelming majority publication of a declaration of incomes in of political parties in Ukraine are not ideological, mass media and the Internet.

8 Among the voters of “Ukraine – Forward!” they make 45%, of Batkivshchyna – 42%, UDAR – 43%.

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People’s ideas of a national deputy of Ukraine with Russia (or the EU – dependent on the region he vary, but a relative majority of those polled in the lives in), by his wellbeing is close to the majority of first place point to his representative functions the district’s residents. Generally, people do not want (“a guarantor of human rights”, “a representative their national deputy to be a businessman or creative of citizens in the legislative body”). professional, well-to-do, who can invest his own funds Regarding the desired qualities of a would-be in solving local problems. national deputy, the majority of people would prefer Expectations from the new Parliament are modest. an experienced local politician (who might have been People generally expect neither changes in the socio- a national deputy) nominated by an (oppositional) political situation after elections, nor solution by the political party, an expert in law or economics who new Verkhovna Rada of the most urgent socio-political, has some experience of work at an enterprise, has economic, foreign policy problems, except Ukraine’s his own opinion, upholds certain ideological and further rapprochement with Russia – in fact reflecting political views, stands for Ukraine’s rapprochement the present moves of the current authorities.

A national deputy of Ukraine in the first place is..., % of citizens polled

UKRAINE Chernihiv

Lviv Rivne Sumy Zhytomyr Lviv KYIV Kharkiv Ternopil Poltava Khmelnytskyi Vinnytsya Cherkasy Ivano frankivsk Luhansk Uzhhorod 22.8% Kirovohrad Dnipropetrovsk Donetsk 20.9% Chernivtsi 18.9% 17.8% Zaporizhya

Mykolayiv Odesa Kherson

10.0% Simferopol 7.2%

2.3%

A guarantor of A representative A person A representative A monitor of Other Hard to say human rights of citizens in the who drafts of a certain central and legislative body and adopts laws political force, local executive an exponent of authorities its ideology REGIONS AGE PARTY AFFILIATION Forward! – CPU East West 18-29 30-39 40-49 50-59 South UDAR Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine

A guarantor of human rights 18.5 26.5 22.2 22.0 22.2 22.6 22.6 23.5 23.1 19.8 24.1 23.2 14.7 29.8 25.6 18.0 A representative of citizens in the 24.9 22.7 20.9 16.9 20.7 21.4 23.5 19.7 19.8 24.7 22.4 16.1 22.7 20.0 23.7 17.4 legislative body A person who drafts and adopts 14.4 15.6 21.6 23.6 17.6 22.3 17.1 19.4 18.6 18.1 15.5 25.0 30.7 20.5 16.7 19.3 laws A representative of a certain political force, an exponent of its 23.1 19.6 16.3 13.7 18.2 16.2 17.4 19.7 17.6 21.8 19.0 17.0 17.3 14.7 18.6 15.6 ideology A monitor of central and local 7.2 8.5 13.1 11.9 10.8 9.0 11.6 9.6 9.6 7.1 8.6 10.7 13.3 11.4 7.7 12.5 executive authorities Other 4.4 3.1 1.0 0.8 2.2 2.3 2.6 2.3 2.0 2.9 3.4 0.0 0.0 0.5 3.8 2.4 Hard to say 7.5 4.2 4.0 11.2 8.3 6.1 5.2 5.8 9.4 5.6 6.9 8.0 1.3 3.2 3.8 14.7

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Do you expect the new Verkhovna Rada of Ukraine elected in October, 2012 to...?§ % of citizens polled

REGIONS AGE PARTY AFFILIATION Forward - UKRAINE CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine Expected* 19.3 22.5 9.0 37.0 19.3 19.4 18.8 18.8 20.0 19.4 14.9 18.6 12.6 17.3 35.9 22.2 15.5 Cancel privileges for MPs, state servants, Not expected* 65.4 59.2 79.2 56.4 59.8 64.1 69.3 67.3 65.1 63.0 72.1 62.7 75.7 76.0 49.3 63.7 66.9 prosecutors, judges, etc. Index of expectations*** -46.1 -36.7 -70.2 -19.4 -40.5 -44.7 -50.5 -48.5 -45.1 -43.6 -57.2 -44.1 -63.1 -58.7 -13.4 -41.5 -51.4 Expected* 19.9 18.7 12.7 36.7 20.1 20.1 20.1 21.2 18.1 20.3 16.9 13.6 13.4 21.4 36.4 18.6 17.0 Cancel parliamentary Not expected* 64.8 61.5 77.1 56.4 58.8 65.2 68.0 63.4 66.0 62.8 68.7 71.2 75.9 74.7 47.5 69.2 65.8 immunity Index of expectations*** -44.9 -42.8 -64.4 -19.7 -38.7 -45.1 -47.9 -42.2 -47.9 -42.5 -51.8 -57.6 -62.5 -53.3 -11.1 -50.6 -48.8 Expected* 25.3 25.9 16.4 38.5 27.4 23.1 26.8 27.8 25.8 24.3 22.3 15.3 21.5 30.6 47.6 22.3 16.8 Restore justice in the country, reduce Not expected* 58.0 54.3 70.3 50.3 51.6 58.4 59.8 58.0 58.3 56.1 60.1 66.1 64.3 62.7 38.6 62.5 62.1 stratification in society Index of expectations*** -32.7 -28.4 -53.9 -11.8 -24.2 -35.3 -33.0 -30.2 -32.5 -31.8 -37.8 -50.8 -42.8 -32.1 9.0 -40.2 -45.3 Expected* 25.0 20.5 20.6 34.1 27.7 22.2 26.6 23.3 24.6 27.9 21.2 11.9 26.1 25.3 51.4 19.2 14.0 Enhance guarantees Not expected* 57.4 55.6 66.4 59.4 49.0 58.3 56.9 60.2 61.2 52.8 62.2 67.8 62.1 65.3 36.0 65.4 61.0 of free medical care Index of expectations*** -32.4 -35.1 -45.8 -25.3 -21.3 -36.1 -30.3 -36.9 -36.6 -24.9 -41.0 -55.9 -36.0 -40.0 15.4 -46.2 -47.0 Expected* 30.8 31.4 23.0 40.5 33.8 28.3 28.9 33.1 30.6 33.1 25.7 25.4 32.4 26.6 61.9 28.7 17.7 Better defend interests Not expected* 54.1 48.9 66.4 53.6 45.4 55.4 57.3 54.1 55.2 50.2 59.1 59.3 56.7 64.0 27.5 59.2 61.1 of ordinary people Index of expectations*** -23.3 -17.5 -43.4 -13.1 -11.6 -27.1 -28.4 -21.0 -24.6 -17.1 -33.4 -33.9 -24.3 -37.4 34.4 -30.5 -43.4 Expected* 25.5 30.6 22.0 40.4 18.9 28.8 26.4 28.1 27.0 19.4 26.0 31.6 12.5 21.6 38.9 29.2 20.3 Ensure Ukraine’s Not expected* 47.6 46.5 54.3 39.1 45.6 43.5 51.0 47.3 50.0 47.3 50.5 45.0 58.0 52.7 35.2 46.9 49.7 accession to the EU Index of expectations*** -22.1 -15.9 -32.3 1.3 -26.7 -14.7 -24.6 -19.2 -23.0 -27.9 -24.5 -13.4 -45.5 -31.1 3.7 -17.7 -29.4 Expected* 24.7 23.9 17.1 37.6 26.7 21.6 26.6 26.8 27.4 23.1 21.4 25.9 31.5 26.3 43.9 19.1 15.6 Pass a decision of nationalisation of Not expected* 43.9 40.8 50.9 40.6 40.2 44.1 47.6 45.4 44.2 39.9 49.5 44.9 43.2 47.4 25.9 52.8 46.5 privatised enterprises Index of expectations*** -19.2 -16.9 -33.8 -3.0 -13.5 -22.5 -21.0 -18.6 -16.8 -16.8 -28.1 -19.0 -11.7 -21.1 18.0 -33.7 -30.9 Expected* 30.5 28.2 23.5 44.3 32.1 28.9 30.9 32.4 30.6 30.0 26.2 20.7 30.3 28.9 55.5 31.8 21.1 Cancel or amend Not expected* 45.7 44.1 58.0 42.6 35.9 44.8 48.5 45.8 48.7 42.5 50.7 50.0 44.7 53.9 27.7 48.4 50.7 current inefficient laws Index of expectations*** -15.2 -15.9 -34.5 1.7 -3.8 -15.9 -17.6 -13.4 -18.1 -12.5 -24.5 -29.3 -14.4 -25.0 27.8 -16.6 -29.6 Prevent strengthening of Expected* 29.6 28.9 21.5 47.9 29.5 27.1 28.4 31.2 31.4 30.2 25.6 22.0 28.5 23.7 59.2 29.5 17.5 employer rights vis-à-vis Not expected* 43.7 35.8 56.1 38.6 38.2 44.2 47.6 46.1 44.0 39.0 47.6 50.9 50.9 52.7 18.6 49.4 50.2 hired workers in the new Labour Code Index of expectations*** -14.1 -6.9 -34.6 9.3 -8.7 -17.1 -19.2 -14.9 -12.6 -8.8 -22.0 -28.9 -22.4 -29.0 40.6 -19.9 -32.7 Pass laws that will Expected* 33.0 33.2 26.4 45.2 33.5 30.7 35.1 32.1 32.9 34.0 26.9 30.5 40.5 23.7 63.4 31.8 22.0 ensure resolute Not expected* 46.6 43.4 57.5 42.9 39.4 45.0 47.2 49.8 49.2 43.7 53.6 47.4 46.8 59.2 21.9 46.5 52.3 struggle against crime and corruption Index of expectations*** -13.6 -10.2 -31.1 2.3 -5.9 -14.3 -12.1 -17.7 -16.3 -9.7 -26.7 -16.9 -6.3 -35.5 41.5 -14.7 -30.3 Expected* 29.5 28.8 24.3 47.7 26.8 29.1 30.2 29.8 34.9 25.4 28.7 21.7 22.5 18.7 56.4 31.4 17.4 Change the Tax Code, make it more friendly Not expected* 43.0 39.2 54.6 34.9 37.5 43.4 44.9 47.7 40.7 39.9 46.5 48.3 41.4 57.4 20.1 50.0 45.9 for business Index of expectations*** -13.5 -10.4 -30.3 12.8 -10.7 -14.3 -14.7 -17.9 -5.8 -14.5 -17.8 -26.6 -18.9 -38.7 36.3 -18.6 -28.5 Expected* 33.3 29.7 26.3 52.2 33.8 32.0 33.4 33.9 34.3 33.3 25.7 28.8 37.5 25.4 61.0 33.3 22.9 Strengthen control of the executive branch activity Not expected* 45.8 43.4 59.4 40.3 36.0 41.1 49.0 48.4 47.4 44.7 53.7 52.5 47.4 60.0 23.1 44.9 52.6 in the capital and locally Index of expectations*** -12.5 -13.7 -33.1 11.9 -2.2 -9.1 -15.6 -14.5 -13.1 -11.4 -28.0 -23.7 -9.9 -34.6 37.9 -11.6 -29.7 Pass laws that will Expected* 37.0 33.1 27.8 55.9 39.3 34.8 40.8 36.2 40.1 34.7 27.2 28.8 41.1 30.2 73.6 33.4 28.2 ensure improvement of the socio-economic Not expected* 40.8 40.1 54.6 33.3 31.2 39.8 39.1 46.6 39.6 39.6 51.8 42.3 31.2 55.3 14.7 42.3 45.9 situation in the country Index of expectations*** -3.8 -7.0 -26.8 22.6 8.1 -5.0 1.7 -10.4 0.5 -4.9 -24.6 -13.5 9.9 -25.1 58.9 -8.9 -17.7 Expected* 34.1 40.2 34.3 24.5 35.0 37.2 34.9 32.4 38.8 28.7 36.8 33.9 27.9 32.9 36.9 33.7 31.5 Support further privatisation of Not expected* 35.1 27.6 36.9 50.3 30.8 30.6 36.4 38.9 37.1 34.5 36.0 35.6 39.6 46.1 31.7 38.8 33.0 state enterprises Index of expectations*** -1.0 12.6 -2.6 -25.8 4.2 6.6 -1.5 -6.5 1.7 -5.8 0.8 -1.7 -11.7 -13.2 5.2 -5.1 -1.5 Expected* 38.1 27.5 34.1 57.1 39.7 37.6 36.3 35.1 41.6 39.6 27.5 25.9 53.1 32.5 65.1 27.8 33.7 Promote Ukraine’s rapprochement with Not expected* 31.0 35.4 36.1 22.5 27.4 29.7 32.6 35.1 31.4 28.2 39.4 39.7 22.5 37.7 16.5 38.0 36.8 the Russian Federation Index of expectations*** 7.1 -7.9 -2.0 34.6 12.3 7.9 3.7 0.0 10.2 11.4 -11.9 -13.8 30.6 -5.2 48.6 -10.2 -3.1 § Table does not contain the answer “hard to say”. * The aggregate of answers “this will happen” and “most probably, this will happen”. ** The aggregate of answers “this will not happen” and “most probably, this will not happen”. *** The difference between the number of respondents who expected and did not expect such consequences.

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“Portrait” of a wouldbe national deputy you would like to elect to the Verkhovna Rada of Ukraine, average score

UKRAINE “1.00 – 2.99” “3” “3.01 – 5.00” A representative of business circles 3.39 Has nothing to do with business

Has nothing to do with A creative professional 3.20 creative professions A well to do candidate who invested or can invest A candidate who by his wellbeing is close his own funds in solution of the district’s problems 3.19 to the majority of the district’s residents and understands their material problems

A female 3.17 A male

Does not hurry to change his conduct with change of the situation 3.16 Fits conduct to circumstances

Belongs to the loyal party 3.08 Represents the opposition

Stands for radical reforms 3.07 Stands for gradual transformations

A young person 2.99 A person of years

Has been a national deputy 2.94 Has not been elected a national deputy yet

Stands for Ukraine’s rapprochement with Russia 2.87 Stands for Ukraine’s rapprochement with the European Union Stands for stability in the country, even if it requires restriction of 2.86 Stands for unconditional observance of civil rights and civil rights and freedoms freedoms, even if it harms stability in the country

Has been a national deputy 2.71 Has not been elected a national deputy yet

A candidate nominated by a party 2.65 A self nominated candidate

Believes that Ukrainian should be the only official language in Ukraine 2.64 Seeks an official status for the Russian language Believes that gas and petrol prices for households Believes that Ukraine should be independent in energy supply from other countries, even if for that, should not be raised, even if this leads to 2.58 growth of Ukraine’s energy dependence energy rates for household must be raised

Is an expert in law (lawyer) 2.50 Is not an expert in law (lawyer)

In economic issues pays more attention Stands for wage and pension rise, even if this undermines to economic growth and recovery in general, 2.32 the level of wages and pensions should rest the economy and can lead to an economic crisis on overall economic development of the country Experienced in politics 2.31 A new figure in politics

A person tied with your region (who permanently lives in or originates from that region) 2.20 A Kyiv based politician

Is not a business manager, has nothing Is a business manager, has 2.16 experience of work at an enterprise to do with production activity

Has his own views 2.10 Agrees with the majority

Stands for strong social protection Believes that everyone should provide for oneself of the population by the state 2.03

Upholds certain ideological and political views 1.95 Has no clear policy orientation

* On a five point scale from 1 to 5, where “1” means that the respondent entirely agrees with the statement to the left, “5” – that he entirely agrees with the statement to the right, “3” means that he opts for neither statement. Respondents might choose any number of the scale.

74 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 PUBLIC SPIRITS DURING THE ELECTION CAMPAIGN AND EXPECTATIONS FROM THE NEW PARLIAMENT

“Portrait” of a would-be national deputy you would like to elect to the Verkhovna Rada of Ukraine, average score (continued) REGIONS AGE PARTY AFFILIATION Forward! – CPU East West South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Hard to say 60 and over Batkivshchyna Party of Regions Ukraine A representative of business Has nothing to do with circles 3.28 3.36 3.52 3.42 3.27 3.33 3.40 3.41 3.52 3.37 3.26 3.92 3.31 3.36 3.36 3.35 business Has nothing to do with A creative professional 3.12 3.11 3.18 3.34 3.17 3.25 3.19 3.11 3.25 3.08 3.34 3.43 3.09 3.35 3.26 3.21 creative professions A candidate who by his A well-to-do candidate who wellbeing is close to the invested or can invest his 3.01 3.06 3.49 3.29 3.11 3.06 3.21 3.26 3.29 3.23 3.31 3.57 3.02 3.27 2.95 3.07 majority of the district’s own funds in solution of the residents and understands district’s problems their material problems A woman 3.06 3.13 3.29 3.21 3.14 3.18 3.13 3.14 3.21 2.92 3.06 3.24 2.56 3.34 3.45 3.21 A man Does not hurry to change his conduct with change of the 2.79 3.21 3.46 3.20 3.17 3.08 3.18 3.18 3.19 3.15 2.89 3.12 3.27 3.09 3.28 3.27 Fits conduct to situation circumstances Belongs to the loyal party 3.68 3.13 2.74 2.83 3.09 3.09 3.13 3.11 3.01 3.91 3.82 2.82 3.29 2.17 3.49 2.96 Represents the opposition

Stands for radical reforms 3.09 3.02 3.10 3.09 3.06 3.02 3.07 3.05 3.12 3.13 2.79 3.07 2.90 3.09 3.10 3.05 Stands for gradual transformations A young person 2.66 2.94 3.12 3.17 2.93 2.88 2.94 3.03 3.12 2.75 2.72 3.42 2.69 3.20 2.71 3.06 A person of years Has not been elected a Has been a national deputy 3.13 2.86 2.79 2.96 2.95 3.04 2.94 2.93 2.86 3.01 2.94 2.77 2.98 2.67 3.23 2.95 national deputy yet Stands for Ukraine’s Stands for Ukraine’s 3.81 3.04 2.19 2.45 3.12 2.95 2.95 2.84 2.54 3.64 4.05 1.90 3.04 2.10 3.54 2.83 rapprochement with the rapprochement with Russia European Union Stands for unconditional Stands for stability in the observance of civil rights country, even if it requires 2.88 2.86 2.63 2.95 2.94 2.91 2.80 2.84 2.81 2.94 3.46 2.79 2.99 2.51 3.12 2.87 and freedoms, even if restriction of civil rights and it harms stability in the freedoms country

A local politician 2.71 2.63 2.47 2.90 2.73 2.80 2.67 2.78 2.62 2.76 2.55 2.98 2.69 2.71 2.96 2.65 Is a nation-wide politician A candidate nominated by a party 2.72 2.66 2.55 2.64 2.71 2.65 2.64 2.63 2.61 2.64 2.44 2.27 2.66 2.51 2.99 2.65 A self-nominated candidate Believes that Ukrainian should be the only official language 1.61 2.19 3.74 3.20 2.56 2.64 2.65 2.65 2.71 1.82 1.58 3.35 2.65 3.38 2.30 2.60 Seeks an official status for in Ukraine the Russian language Believes that Ukraine Believes that gas and petrol should be independent in prices for households should energy supply from other not be raised, even if this 2.52 2.39 3.14 2.53 2.61 2.68 2.59 2.51 2.52 2.47 2.96 2.48 2.63 2.70 2.59 2.57 countries, even if for that, leads to growth of Ukraine’s energy rates for household energy dependence must be raised Is not an expert in law Is an expert in law (lawyer) 2.39 2.43 2.80 2.50 2.43 2.50 2.59 2.50 2.51 2.40 2.42 2.63 2.47 2.52 2.43 2.50 (lawyer) In economic issues pays more attention to economic growth Stands for wage and and recovery in general, the pension rise, even if this level of wages and pensions 2.27 2.44 1.91 2.42 2.34 2.35 2.27 2.29 2.35 2.32 2.28 2.58 2.36 2.11 2.29 2.36 undermines the economy should rest on overall economic and can lead to an development of the country economic crisis Experienced in politics 2.35 2.20 2.43 2.33 2.36 2.44 2.29 2.28 2.20 2.36 2.01 1.90 2.68 2.15 2.76 2.36 A new figure in politics A person tied with your region (who permanently lives in or 2.22 2.19 1.88 2.34 2.23 2.27 2.21 2.21 2.10 2.29 2.06 1.93 2.39 2.02 2.50 2.27 A Kyiv-based politician originates from that region) Is a business manager, has Is not a business manager, experience of work at an 2.21 2.07 2.28 2.15 2.27 2.21 2.18 2.13 2.03 2.16 2.42 2.03 2.28 2.02 2.27 2.17 has nothing to do with enterprise production activity Has his own views 1.95 1.96 2.66 2.07 2.12 2.11 2.19 2.05 2.06 2.07 1.90 1.88 1.97 2.15 1.98 2.06 Agrees with the majority Stands for strong social protection of the population 2.17 2.13 1.58 2.07 2.08 2.21 2.08 1.99 1.88 2.09 2.35 1.62 2.22 1.89 2.22 2.06 Believes that everyone by the state should provide oneself Upholds certain ideological Has no clear policy and political views 1.86 1.94 1.75 2.11 2.03 1.96 1.93 1.91 1.92 1.87 1.87 1.74 1.81 1.89 2.05 2.01 orientation * On a five-point scale from 1 to 5, where “1” means that the respondent entirely agrees with the statement to the left, “5” – that he entirely agrees with the statement to the right, “3” means that he opts for neither statement. Respondents might choose any number of the scale. .

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 75 ПАРЛАМЕНТ І ПАРЛАМЕНТСЬКІ ВИБОРИ В УКРАЇНІ 2012р. 5. CONCLUSIONS AND PROPOSALS

CONCLUSIONS 2. The new Law “On Election of National Deputies The world experience proves that parliamentarism of Ukraine” reflected the general trend of the is an indispensable attribute of democracy. Under Verkhovna Rada legislative activity, witnessing proper conditions, Parliament provides an effective inclusion of unlawful (including unconstitutional) mechanism of state governance and democratic provisions and norms in legislative acts, making control of executive bodies, a safeguard against socially dangerous acts formally lawful or laying usurpation of power by other institutes of governance, down regulatory preconditions for various abuses including the Head of State and the Government. and manipulations. Parliamentarism in Ukraine is under the threat The return to the mixed electoral system is of elimination; principles of a purely presidential inconsistent with obligations of most political forces model of governance with elements of authoritarianism to implement a proportional election system with are being insistently introduced in this country. This open lists and is viewed by many political figures and is facilitated by the immaturity and passivity of civil experts as serious retreat. The reasons for support society, weak democratic traditions of state-building, of such changes by the loyal political forces include insufficient political and legal culture of the Ukrainian the desire to replenish their men in Parliament elite, disunity of the opposition. at the expense of MPs elected in single-member constituencies. 1. The Verkhovna Rada of Ukraine activity only partially meets the Guide on Parliament and Despite the generally rather full regimentation in Democracy. Following the constitutional “anti-reform” the election legislation of procedures of preparation of 2010, powers of the Verkhovna Rada of the 6th (and and conduct of elections in 2012, many its provisions subsequent) convocations were substantially reduced are imperfect and controversial. The new election and confined to legislative support for presidential and law in fact legalised employment of numerous governmental initiatives. The Verkhovna Rada in fact techniques that lay down preconditions for various turned into an element of the presidential “hierarchy abuses and manipulations at elections. From the legal of power”, which is seen by independent experts as and organisational viewpoints, the most sensitive an alarming signal, and presented by representatives at parliamentary elections 2012 were the issues of of the current authorities as an achievement, a sign of delimitation of election districts, staffing procedure for socio-political stability and controllability of the state. election commissions, canvassing, election campaign funding, video monitoring at polling stations, and The efficiency and quality of the legislative activity vote tabulation. of the Verkhovna Rada is decreasing. The number of adopted legal acts is growing, but two-thirds of them 3. The authorities’ pre-election activity has all are only amendments to the effective legislation – signs of regularity, pursues achievement of the while a number of vital acts remain not adopted. wanted election result and covers all stages of the Due to poor drafting, the bulk of the adopted laws election process: preparation, conduct, and response and codes are repeatedly amended. Many bills have to the election outcome. The main lines of that activity no economic substantiation. Two-thirds of the laws include, or may include: considered by the Constitutional Court were ruled • At the preparatory stage: neutralisation of the fully or partially unconstitutional. The number of opposition leaders by selective, politically motivated clearly lobbyist or corrupt laws increased over the justice; instigation of a split in the opposition past two years. forces; broad advance on mass media to ensure Ukraine’s Parliament poorly performs its prevalence of materials praising the authorities and representative function. Introduction of a proportional defaming their opponents in the media; broad use election system with closed lists effectively led to of the administrative resource for manipulation of concentration of all political power in the hands of the public conscience and voters’ will; interference a few strong parties and blocs. Voters actually lost with canvassing by rival candidates; “correct” influence on Parliament’s membership and activity, delimitation of election districts; staffing of loyal while the FIG influence on the legislative body goes up. election commissions; manipulations with voter lists; implementation of socio-economic and organisational The controlling and constituent functions of programmes for state budget funds for mobilisation Ukraine’s Parliament were substantially impaired of voters; defamation of independent public due to unconstitutional redistribution of powers organisations and sociological services to undermine between the President and the Government, are trust in the results of their work; distortion of exercised formally and no longer provide efficient results of public opinion polls and manipulation with tools of influence on the state policy. them.

76 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 CONCLUSIONS AND PROPOSALS

• At the stage of elections: restriction of presence of administrative resource use, vote buying, unlawful independent observers at polling stations, interference influence on the election process participants, other with their work; pressure on members of election abuses in the election process and in the end result – commissions of all levels; employment of sociological distortion of the true will of citizens. services with dubious reputation for exit polls with 5. The socio-economic situation and socio- the predetermined result; use of dirty technologies psychological spirits are unfavourable for the to distort the voting process and results. parliamentary election campaign. Growth of socio- Potentially the most criminogenic on the voting economic problems, spread of “poverty among day and at establishment of voting results are the workers”, critical deepening of property polarisation following election procedures: in society strongly affect the social wellbeing of the overwhelming majority of Ukrainian citizens, • voting beyond polling stations – at the place of cause their mistrust in institutes of governance and stay of voters who cannot move on their own; confidence that all supreme institutes of governance, • count of votes at polling stations (intentional including Parliament, primarily work in the interests incorrect count of votes, including by means of big capital and/or shadow dealers. of an ungrounded increase/decrease in the In the recent years, socio-economic problems have number of votes given for a certain candidate, been supplemented with problems of violation of civil an intentional increase in the number of invalid rights, including the rights to the freedom of speech ballots, etc.); and peaceful assembly. Growth of public protests • execution of PEC reports of count of votes and meets toughening resistance of the authorities, DEC reports of establishment of voting results resorting either to court bans on peaceful meetings, in single-member constituencies (deliberate or – ever more often – to their crackdown. Such entry of untrue data); actions of the authorities can only further boost protest spirits. • unreasonable declaration of voting invalid by a PEC or DEC or its non-recognition in absence As a result, public dissatisfaction with the of legislatively provided reasons for that. socio-economic situation in the country and the authorities’ advance on civil rights, alongside with • After the elections: use of controlled courts and growing protest spirits, can lead to radicalisation of public prosecutor’s offices for passage of “required” voters – growing support for extreme left and/or right rulings on election results in single-member political forces at the forthcoming parliamentary constituencies and in the national election district; elections. limitation of the freedom of peaceful assembly (including canvassing activities of opposition political 6. Expectations of both citizens and experts from forces and parliamentary candidates); planning the new Parliament are mainly negative. The majority alternative rallies is support for “required” election of those polled do not hope that the new Verkhovna results to neutralise events arranged by opposition Rada will solve the key socio-economic or socio- forces; use of politically biased persons appointed to political problems. The only sector where positive executive positions in power structures and devoted expectations prevail is Ukraine’s rapprochement personally to the President and of loyal men in law- with Russia, which may be viewed as affirmation of enforcement bodies, whose loyalty is achieved through the heading of the current authorities and disbelief measures at strengthening the law-enforcement in the opposition’s ability to secure implementation system and other power structures implemented of the declared trajectory of Ukraine’s European before the elections. integration. Specific of the current election process is the 7. Given the establishment of the presidential- absence of proper legal reaction of law-enforcement parliamentary model of state governance by the bodies, including public prosecutor’s offices, not effective Constitution, the 2012 parliamentary only to media reports of violations of the election law election results will not become “the moment of but also to official applications of election process truth” for Ukraine and its international partners but participants and CEC (in particular, some CEC can either stop stagnation processes and growth of applications of the kind were either returned by the authoritarian trends, return the country to the path General Prosecutor’s Office to CEC or sent to DEC). of steady development, or freeze the current situation for long. 4. Therefore, no general preconditions have been created in Ukraine for free, fair and competitive Fair and transparent conduct of parliamentary conduct of elections. Imperfection of the election elections is one of the key preconditions for positive legislation and absence of proper legal reaction to its assessment of their results by partners, removal of violations, spread corruption in the state machinery, the crisis of trust and resumption of constructive neglect of the principle of division of powers and interaction between Ukraine and the European Union. actual concentration of all state governance in the Should the elections be recognised undemocratic, President’s hands, political bias of many leading there arises a threat of international isolation of media, dependence of courts and curtailment of Ukraine and retargeting its foreign policy to Eurasian democratic processes give broad opportunities for the integration.

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PROPOSALS • from 2013, to start preparation and release – 1. Enhancing citizens’ influence on the composition in addition to the Annual Special Report of the Ukrainian Parliament Commissioner for of the Verkhovna Rada and strengthening political Human Rights “The Status of Observance of the responsibility International Standards of Human Rights and For enhancing voters’ influence on the personal Freedoms in Ukraine” – of a separate Report membership in the Verkhovna Rada of Ukraine: on observance of civil rights and freedoms by law-enforcement bodies. The Report should • to draft and adopt the Election Code of Ukraine, be drafted jointly with public human rights to establish democratic standards of election of organisations and heard at an open plenary sitting national deputies. When amending the legislation of the Verkhovna Rada of Ukraine, with live on elections to the Verkhovna Rada, to provide for broadcasting not only by the Rada channel but introduction of an election system combining the also by the First National TV channel; party principle of election of the legislative body with the voters’ ability to influence the personal • to adopt the Law on peaceful assembly and relevant membership of the corps of national deputies; amendments of the effective legislation with account of the Venice Commission conclusions, • to ensure stability of the key provisions of the proposals of foreign and national experts, human election legislation (e.g., the election system, the rights organisations. The Law is to guarantee procedure of election commission staffing, voting unconditional exercise of the constitutional right to procedures). peaceful assembly, rule out its limitation by local For strengthening responsibility of political parties, self-government bodies, including through courts. parliamentary candidates and national deputies of 2. Balancing of the system of governance, creation Ukraine: of an efficient system of checks and counterbalances, exclusion of extreme concentration of power in one • to toughen requirements to election programmes institute presented to CEC, providing, in particular, for presentation of those documents in a full and short For restoration and strengthening of the (for media publication) form. At that, the former equilibrium of powers of the supreme institutes of document is to contain detailed description of the governance: party (bloc) goals and objectives for five years, and (1) to cancel the Law “On Introducing Amendments the ways of their attainment (the list of concrete to Some Legislative Acts of Ukraine” of May 17, 2012, legislative initiatives and their key provisions); that unreasonably reduced the Verkhovna Rada powers; • to establish clear and coordinated rules of political (2) to legislatively regiment the procedure of bringing party and election campaign funding by introduction to responsibility (impeachment) of the President of of amendments to the laws “On Political Parties in Ukraine. Ukraine” and “On Election of National Deputies (3) at drafting the new wording of the Constitution of Ukraine”. At determination of the sources, of Ukraine, to provide for: scope, mechanisms of political party funding, to take into account their observance of the principles • formation of the Government by the parliamentary of legitimacy and transparency, experience of majority and guarantees of the rights of the countries with established democratic traditions; parliamentary minority; • to strengthen control and responsibility of political • strict delimitation of functions and powers among parties and candidates at parliamentary elections the supreme institutes of governance, removal of for observance of legislative norms on election their duplication; a system of mutual checks and campaign funding, first of all, concerning the counterbalances; legitimacy of funding sources and mechanisms and • effective safeguards against excessive concentration its transparency for voters; of powers in one supreme institute of governance, • to toughen responsibility of national deputies which may lead to violation of the principle of of Ukraine for breach of the Oath of a National division of powers and their usurpation; Deputy by entering breach of the Oath in the list • a constitutional status for the Cabinet of Ministers of grounds for early termination of powers of a Programme of Action, envisaging its obligatory national deputy of Ukraine; character as a programme document of the • to introduce the practice of annual public reports of Government. To provide that the Cabinet of fulfilment of election programmes (commitments, Ministers Programme of Action should rest on promises): by political parties represented in agreed political positions and programme objectives the Verkhovna Rada of Ukraine; MPs elected in of the coalition of parliamentary factions in the single-member constituencies; Verkhovna Rada; to set the terms of its submission and adoption. • to legislatively regiment the procedures of bringing MPs to criminal responsibility; to utmost restrict • introduction of the institute of a constructive their parliamentary immunity. vote of no-confidence in the Cabinet of Ministers or an individual member of the Government. • to enter violation of the principle of personal voting in the list of grounds for early termination 3. Perfecting and enhancing the efficiency of of powers of a national deputy of Ukraine. government system To ensure steadfast observance by all bodies In a longer run, using the adherence to programme- and institutes of governance of political rights and target principles in strategic planning and implementation freedoms of citizens, irrespective of their attitude to of the state policy on economic and social development the authorities, sympathies to specific political forces: of Ukraine declared by the ruling party, it makes

78 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 CONCLUSIONS AND PROPOSALS sense to propose revision of the system of strategic in charters: management, structure of planning documents, • strict regimentation of the procedures of election rational determination of the role and place of all of the party leadership, formation of statutory bodies, institutes and bodies of state governance, their calling and conduct of their meetings, decision-making, certification in line with the requirements of good in particular, on making the lists of parliamentary governance (ISO 9000 standards). candidates of different levels, other party internal It should be started with restoration and perfection of procedures; the Programme of Introduction of a Quality Management • establishment of the procedure of nomination System in Executive Bodies cancelled by the current of parliamentary candidates of different levels and Government.1 executives of the state authorities, provision of publicity That Programme should provide for functional and transparency of that process for both rank-and-file examination of bodies of state governance involved party members and for the public; in formulation of the principles of the state policy, • norms of reporting of council members of different development and approval of plans, programmes, the state levels and persons nominated by the party to positions budget, implementation of the state policy and control of in the state authorities to the party its implementation, with subsequent optimisation of their functions, structure and interrelation – through release in party programmes: of the examination results (with observance of public obligatory coverage of the party stand on the key information norms), their broad discussion in expert and sectors of public life, state home and foreign policy. public circles, search of a consensus on the final solutions (2) to introduce the practice of annual public reports of: with their subsequent implementation in the practical activity of all branches and levels of state governance. • central bodies of political parties – on the results of Such efforts will demonstrate the practical resolve activity of the party parliamentary factions and national of the state leadership for democratic transformations, deputies elected from the party; strengthen its standing and improve the international • the party representatives in the Government – on image of Ukraine, facilitate introduction of advanced the progress of fulfilment of election programmes; technologies and best standards of governance, attraction • local party organisations – on the activity of party of strategic investments in the economy. factions and members of the relevant councils, city Meanwhile, in the present situation, that initiative mayors, village aldermen nominated by the party. can be implemented and bring positive results only in (3) for diversification of sources of political party presence of the political will of the Head of State and funding, enhancement of independence from FIGs, efficient control from the civil society. fighting political corruption: 4. Creation of conditions for free political • to resume the validity of the norm of funding competition, legal guarantees of the opposition activity statutory party activity from the state budget, providing For establishment of proper relations between such funding not only to parliamentary parties but also the authorities and the opposition: to parties that won not less than 1% of votes at the • to take into account in the Election Code of Ukraine Verkhovna Rada elections; recommendations of the Venice Commission, other • to extend the list of legal sources of funding international and national think-tanks, to guarantee statutory party activity, using the relevant experience of all election participants equal rights at all stages of the European countries; election process; • to ban political party funding by non-state-owned • to pass a law on the parliamentary opposition legal entities supplying goods (works, services) for specifying its status, guarantees and rights; to provide in state budget funds; it a ban on adoption of laws critical for socio-economic • to impose a limit on funding statutory party activity and socio-political development of the country without from source within a year. To provide a similar norm discussion with the opposition (in particular, the laws in the election legislation; on the state budget, the Cabinet of Ministers of Ukraine Programme of Action, fundamentals of foreign and home • to identify actors authorised to control financial policy, etc); activity of political parties, their powers, procedure of their exercise, sanctions for breach of those norms; • to ensure equal access of the parliamentary majority and parliamentary opposition to municipal and state • to impose sanctions for violation by parties of the media, including the First National TV channel. legal norm on annual publication in the national media of a financial report of incomes and expenditures and a 5. Perfection of the legislation on political parties report of the party property. To provide for obligatory For proper regimentation of activity of political presentation in financial reports of information on: parties, strengthening their political responsibility to society and voters: (а) donors that made contributions (single or total) above the legislatively provided limit, (1) to introduce amendments to the Law “On Political Parties in Ukraine” introducing the following requirements (b) incomes and expenditures of local party to charters and programmes of political parties: organisations.

1 The Programme was approved by CMU Resolution No.614 of May 11, 2006, cancelled by CMU Resolution No.704 of June 22, 2011.

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he Razumkov Centre’s expert survey asked the experts four sets of questions: the impact T of reinstatement of the Constitution in the wording of 1996 on the parliamentary activity and relations in the President – Parliament – Government triangle; membership and activity of the Verkhovna Rada of the 6th convocation; description of the current election campaign; prospects of the future Verkhovna Rada and expectations from its activity. Summary results of the expert poll let us produce the following conclusions.1

1. According to the majority of experts, 3. Assessing the impact of the mixed electoral reinstatement of the 1996 Constitution has led to: system on the composition of a future parliament, increased political corruption and influence of FIGs a relative majority of experts (45%) said that the mixed on politics (62%); weakening of the Parliament’s system would have both positive and negative outcome. controlling function (59%) and its transformation Among positive effects the experts mentioned: a growing into a body automatically supporting the Government importance of every individual national deputy and (55%); greater opportunities for lobbyism (53%). higher independence of MPs elected in single-member The experts’ opinion on the constitutional guarantees constituencies. Among the negative ones: increasing of power balance in the President – Parliament – political corruption, money’s influence on politics and Government triangle has somewhat changed, compared creation of various “situational majorities”.2 to 2010: while in 2010, 63% of experts suggested that 4. Experts suggested the following as the most the Constitution did not ensure such an equilibrium important aspects influencing voter’s choice: of power, today – only 43% think so. On contrary, 16% of experts (against 2% in 2010) are certain that • the party’s stance on the following issues: the Constitution guarantees such an equilibrium. welfare of citizens; establishing order in the Nevertheless, 50% of experts believe the President country; combating corruption; economy in exersices too much power. general; fighting crime;3 2. Assessing the Parliament of the 6th convocation, • characteristics of parliamentary candidates: the majority of experts have reported: non-involvement in corrupt dealings; no violations • dissatisfaction with its work (83%); of human rights and freedoms; a steady political position meeting the voters’ will; previous • confidence that the Parliament’s activity is aimed experience; transparency of declared income, at pursuing interests of big capital (59%), grey assets and their compliance with candidate’s business (35%) and heads of government bodies lifestyle; the candidate’s assistance to the people.4 (34%); only 30% of experts believe that Parliament Respectively, they want to learn about: fulfilment pursues interests of Ukrainian citizens; or non-fulfilment of the candidate’s earlier • the opinion that whilst differences among the promises and his/her moral qualities; presence main parliamentary parties are notable (42%, or absence of criminal connections and accusations a relative majority), the differences among their of corruption; the candidate’s activity aimed at election programmes are minor (43%). There addressing fundamental political and economic are remarkable differences between the ruling problems; and his/her level of professionalism.5 majority and the opposition in the humanitarian policy – 65% (against 57% in 2011), security Experts were asked about the committers of possible and defence policy – 47% (against 36%), social violations and falsifications at elections. The rating of potential policy – 45% (against 37%). Meanwhile, the infringers was topped by: representatives of central authorities differences in policy on wages, household incomes, (19%); big business, influencing politics (18%); local individual income taxes have decreased in experts’ authorities (16%); political parties (12%); members of election view – 36% (against 46%), prices and rates for commissions (10%). households – 32% (against 42%).

1 The poll was conducted on June 15 - July 3, 2012. 106 experts were polled in all regions of Ukraine (Verkhovna Rada members, representatives of governmental and non-governmental think-tanks, scholars, independent experts, representatives of regional organisations of political parties, journalists). 2 Cited are effects mentioned by a relative majority of experts – over 40%. 3 Cited are issues the importance of which was assessed above 4 points on a five-point scale. 4 Cited are by features noted by more than 80% of experts. 5 Cited are items mentioned by more than 50% of experts.

80 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 EXPERTS ON PARLIAMENT AND PARLIAMENTARY ELECTIONS IN UKRAINE

5. Experts pessimistically view the prospects of predict changes for the better, 8% – for the worse; a future Parliament, in particular, suggesting that: 28% remain undecided. • its political structuring will be primarily influenced A separate question for experts (as well as ordinary by personal career interests of MPs, lobbyist and citizens) was on the need and way of conducting “primaries” – corporate factors; preliminary discussion of parliamentary candidates. Notably, • it is unlikely to change the format of relations only 14% of experts and ordinary citizens consider this step with the Government (44% against 40% of inexpedient. The opinions of others differed regarding the experts, who stick to the opposite opinion); way of conducting “primaries”: a relative majority of experts (28%) and ordinary citizens (20%) were in favour of any form • it is unlikely to solve any socially significant problems, except further privatisation and, to some proposed by political parties. A public opinion poll was placed extent – toughening control over the activity of second among the experts (25%), while the ordinary citizens executive bodies in the capital and locally. chose a meeting of those willing to take part in discussion (16%). Respectively, the experts gave the third top priority Respectively, a relative majority (38%) of to such a meeting (14%), and ordinary citizens – to a public experts believes that the socio-political situation will opinion poll (12%).6 not change after the 2012 elections. 26% of experts

Does the return to the Constitution of 1996 contribute to …? % of the polled experts Contributed Did not Hard to say/ no contribute answer Growth of political corruption, FIGs influence on politics 62.3 26.4 11.3 Impairment of the controlling function of Parliament 59.4 26.4 14.2 Transformation of the Verkhovna Rada of Ukraine into a body automatically supporting the Government 54.7 29.2 16.0 Growth of opportunities for lobbyism 52.8 28.3 18.9 General decay of parliamentarism in the country 49.1 34.9 16.0 Deterioration of the quality of law-making 49.1 34.0 17.0 Loss of party influence on the results of activity of their representatives in Parliament 43.4 37.7 18.9 Improvement of the quality of the legislative process 22.6 58.5 18.9 Growth of regional influence on state decision-making 17.0 66.0 17.0 Restoration of true parliamentarism 10.4 77.4 12.3

Does the Constitution of Ukraine in its Interests of which social groups does the Verkhovna present form ensure the balance of powers in Rada of Ukraine defend in the first place?* the President – Parliament – the Government triangle? % of the polled experts % of the polled experts Representatives of big capital 59.4 2010 1.9% Fully ensure Shadow dealers 34.9 2012 16.0% Heads of state government bodies 34.0 34.6% Partially ensures 37.7% All Ukrainian citizens 30.2

61.5% Managers of state enterprises 17.9 Does not ensure 42.5% Pensioners, elderly people 6.6 1.9% Hard to say/no answer Employees of the public sector 6.6 3.8% Youths 3.8 Are you satisfied with the activity of the Verkhovna Rada of Ukraine? Workers 3.8 % of the polled experts Peasants 3.8

Medium and small businessmen 2.8 Yes Veterans of wars, labour, Afghanistan and Chornobyl 0.9 10.4% Specialists and office workers 0.0 No Hard to say / 83.0% Others 3.8 no answer Hard to say 5.7 6.6% * Respondents were supposed to give not more than three acceptable answers.

6 See Table “Now, politicians often speak about …”, p.85.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 81 EXPERTS ON PARLIAMENT AND PARLIAMENTARY ELECTIONS IN UKRAINE

How strong are the differences among the key political forces represented in the Verkhovna Rada of Ukraine of the 6th convocation? % of the polled experts

In their election programmes In their activity

22.0% Differences are striking 39.0% 33.0% 41.5%

49.0% 20.0% Differences are present but small 43.4% 32.1%

22.0% 35.0% Differences are almost absent 64.8%23.6% 26.4%

7.0% Hard to say, no answer 6.0% 0.0% 0.0% 2010 2012

How strong is the difference between the political forces of the ruling majority “Stability and Reforms” represented in the Verkhovna Rada (the Party of Regions, Lytvyn’s Bloc, the Communist Party of Ukraine) and those claiming their opposition (Yuliya Tymoshenko’s Bloc, “Our Ukraine – People’s Self-Defence” faction), in each of the following sectors: % of the polled experts

The difference The difference The difference Hard to say / is striking is present but small is almost absent no answer

2011 2012 2011 2012 2011 2012 2011 2012

Humanitarian policy (education, culture, religion, etc.) 57.3 65.1 25.2 22.6 12.6 11.3 4.9 0.9

Foreign policy 60.2 60.4 27.2 29.2 7.8 6.6 4.9 3.8

Legal policy (constitutional reform, laws on elections, justice and law-enforcement bodies, etc.) 55.3 55.7 29.1 33.0 9.7 7.5 5.8 3.8

Security and defence policy 35.9 47.2 37.9 32.1 18.4 15.1 7.8 5.7

Social policy (pensions and social security, medical care) 36.9 45.3 43.7 25.5 14.6 26.4 4.9 2.8

Economic policy in general 40.8 42.5 40.8 42.5 14.6 12.3 3.9 2.8

Policy oh wages, individual incomes, personal taxes 45.6 35.8 36.9 36.8 13.6 26.4 3.9 0.9

Issues of prices and rates for households 41.7 32.1 35.0 40.6 16.5 27.4 6.8 0.0

Creating an efficient hierarchy of power and absence of differences between Ukraine’s President and Prime Minister is presented as an achievement. In this connection, to what extent do you agree with each of the following statements? % of the polled experts

Creating an efficient hierarchy of power and absence of differences between the President and Prime Minister in fact changes nothing: as before, people cannot have anything resolved with the authorities; 61.3% 26.4% 12.3% the authorities work as bad as before Creating an efficient hierarchy of power and absence of differences between the President and Prime Minister ensures greater control of the state 50.0% 34.0% 16.0%

The President exercises too much powers 50.0% 36.8% 13.2%

Greater control of the state is the main thing, all the rest is of secondary importance 35.8% 51.9% 12.3%

It is more desired for the President and Prime Minister to be in disagreement, then, there would be more democracy in the country 6.6 79.2% 14.2%

Agree Disagree Hard to say / no answer

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How will the return to the mixed electoral system influence the quality of lawmaking? % of the polled experts

Positively 21.7%

Negatively 28.3%

It will equally have positive and negative effects 45.3%

Hard to say/no answer 4.7%

What positive impact will the return to the mixed electoral What is the negative effect of the return to the mixed system have on the quality of law-making?* electoral system for the quality of law-making?* % of the polled experts % of the polled experts

It will raise the role of every national deputy It will lead to the growth of political corruption, of Ukraine 42.5 influence of money on politics 46.2 It will lead to creation of various “situational majorities” 43.4 MPs elected in single-member districts are more independent than party members 40.6 It will de facto raise the “property qualification” for parliamentary candidates 36.8 It will raise regional influence 34.9 It will weaken the role of parties in political processes 36.8 It will help to renew the composition of the Parliament 30.2 It will shatter political responsibility 29.2 It will weaken party influence on decision-making 23.6 It will weaken possibilities for structuring of Parliament 28.3

It will raise influence of citizens on the results It will establish the President’s decisive influence of political activity 21.7 on Parliament 21.7 It will ultimately subordinate the representative branch It will contribute to representation of ethnic minorities 12.3 to the executive one 10.4 It will contribute to formation of the hierarchy of power 11.3 Parliament will ultimately lose its role as the centre of political decision-making 10.4 Other 0.9 Other 0.9 I see no positive impact of the return to the mixed I see no negative impact of the return to the mixed electoral system on the quality of law-making 19.8 electoral system on the quality of law-making 15.1 Hard to say 2.8 Hard to say 2.8 * Experts were supposed to give all acceptable answers. * Experts were supposed to give all acceptable answers. When choosing the party to vote for, In Ukraine, one can often hear about violations and how important for voters is the party’s position falsifications during elections. Who is the main on the following subjects?* source of those violations and falsifications? average score % of the polled experts

Wellbeing of the population 4.54 Representatives of the central authorities 18.9 Big business influencing politics 17.9 Establishment of order in the country 4.35 Representatives of the local authorities 16.0 Fighting corruption 4.27 Political parties 12.3 Economy in general 4.27 Members of election commissions 10.4 Parliamentary candidates standing 3.8 Fighting crime 4.10 in single-member constituencies Home policy 3.87 Mass media 1.9 Voters 1.9 Foreign policy 3.82 Armed Forces 0.0 Level of freedom and democracy 3.73 International organisations 0.0 Attitude to language issues 3.61 Militia 0.0 Courts 0.0 Treatment of Ukraine’s history, assessments Ukrainian non-governmental organisations 0.0 of specific historic persons and events 3.37 No one 2.8 * On a five-point scale from 1 to 5, where “1” means “entirely unimportant”, “5” – “very important”. Hard to say/no answer 14.1

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How important for the society is each of the following features of candidates for national deputies of Ukraine? % of the polled experts

0.0% Noninvolvement in corrupt dealings 94.3% 5.6 0.0% Absence of violations of human rights and freedoms 86.8% 13.2% 0.0% A steady political position, meeting the voters’ will 85.9% 14.1% 0.9% His or her previous activity 85.0% 14.1% Transparency of the declared incomes and property 0.0% 84.9% 15.1% and their correspondence to the way of life The candidate’s connection with the region in which he or she 0.0% 84.0% 16.0% is standing (permanently lives in or originates from that region) 0.9% Assistance he or she gave to the people 82.0% 17.0% 0.0% Personal voting in Parliament 79.3% 20.8% 2.8% Participation in Parliament sittings and committee work 76.4% 20.8% 4.7% His or her biography 68.8% 26.4% 2.8% Affiliation with the ruling or opposition political forces 66.0% 31.2% 2.8% His or her financial resources 59.4% 37.7%

Important* Unimportant Hard to say / no answer * The aggregate of answers “important” and “rather important”. ** The aggregate of answers “unimportant” and “rather unimportant”. What information on a candidate for the Verkhovna Rada What factors will influence political structuring is the most important for voters?* of the future Verkhovna Rada of Ukraine?* % of the polled experts Average score Fulfilment or non-fulfilment of earlier promises by the candidate 63.2 Personal interests of taking positions in Moral qualities 62.3 Parliament or the executive branch 3.79 Information about presence or absence of criminal connections 56.6 Clientele, lobbyist and corporate factors 3.74 Accusations of corruption 55.7 Commitment to political leaders 3.65 Actions of the candidate aimed at solving fundamental political Division into the majority and the opposition 3.61 and economic problems 53.8 Party principle 3.39 Professionalism in work 51.9 Ideological, value-based, programme criteria 2.53 Election programme of the candidate 46.2 Interests of social groups 2.12 Amount of funds spent by him or her on the election campaign * On a five-point scale from 1 to 5, where “1” means minimum influence, “5” – and sources of those funds 43.4 maximum influence. His or her biography 42.5 Will the new Verkhovna Rada try to change the format Business of the candidate or his/her relatives 41.5 of relations with the Cabinet of Ministers? Work experience 38.7 % of the polled experts Connections of the candidate with different financial-industrial groups 38.7 People working with him or her 37.7 Yes Personal incomes and property of the candidate 33.0 39.6% Domestic policy priorities of the candidate 33.0 Education 32.1 No Membership in a political party 30.2 Hard to say / no answer 44.3% Programme of the party supporting the candidate 27.4 16.1% Support by regional political elites 26.4 Attitude of the authorities and the opposition to the candidate 26.4 Foreign policy priorities of the candidate 24.5 Will the sociopolitical situation in the country The language he or she talks 24.5 change after the elections (and how)? % of the polled experts The candidate’s age 20.8 Nationality 18.9 His or her religiosity and confessional affiliation 16.0 Yes, it will change for the better 26.4% Information about him or her provided by public organisations 15.1 Place of birth 12.3 Yes, it will change for the worse 7.5% Hobbies and habits 9.4 No, it will not change 37.7% The candidate’s gender 5.7 Other 1.9 Hard to say / no answer 28.3% Hard to say 0.0 * Experts were supposed to give all acceptable answers.

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Do you expect the new Verkhovna Rada of Ukraine elected in October, 2012 to...?§ % of the polled experts Expected* Not expected** Index of expectations*** Cancel privileges for MPs, state servants, prosecutors, judges, etc. 16.0 78.3 -62.3 Enhance guarantees of free medical care 19.8 70.7 -50.9 Cancel parliamentary immunity 21.7 72.6 -50.9 Pass a decision of nationalisation of privatised enterprises 21.7 65.1 -43.4 Ensure Ukraine’s accession to the EU 26.4 65.1 -40.5 Better defend interests of ordinary people 28.3 64.1 -35.8 Pass laws that will ensure resolute struggle against crime and corruption 30.2 61.3 -31.1 Restore justice in the country, reduce stratification in society 33.0 63.2 -30.2 Change the Tax Code, make it more friendly for business 33.9 58.5 -24.6 Prevent strengthening of employer rights vis-à-vis hired workers in the new Labour Code 36.8 53.7 -16.9 Pass laws that will ensure improvement of the socio-economic situation in the country 38.7 51.0 -12.3 Promote Ukraine’s rapprochement with the Russian Federation 34.0 44.4 -10.4 Cancel or amend current inefficient laws 39.7 48.2 -8.5 Strengthen control of the executive branch activity in the capital and locally 49.0 40.5 8.5 Support further privatisation of state enterprises 64.2 21.7 42.5 § Table does not contain the answer “hard to say”. * The aggregate of answers “this will happen” and “most probably, this will happen”. ** The aggregate of answers “this will not happen” and “most probably, this will not happen”. *** The difference between the number of respondents, who expect and do not expect the relevant effects.

Now, politicians often speak about the need for preliminary discussion of parliamentary candidates, the socalled “primaries”. In what form should it [the discussion] be held? % of the polled experts

Any form proposed by the parties will do 28.3%

A public opinion poll 24.5%

A rally of the public willing to take part in discussion 14.2%

Voting at a special Internet site 7.5%

A meeting and voting upon its completion 1.9%

Other 4.7%

I see no sense in such discussion 14.2%

Hard to say / no answer 4.7%

% of citizens polled

UKRAINE 28.2% 15.5% 13.6% 12.3% 20.0% 4.8% 4.3% 1.4% Any form A rally of the A public A meeting Voting Other I see no Hard to say proposed by public willing opinion poll and voting at a special sense in such the parties to take part upon its Internet site discussion will do in discussion completion

REGIONS AGE PARTY AFFILIATION – CPU East West Party South UDAR 18-29 40-49 50-59 30-39 Centre Svoboda Forward! Ukraine of Regions Hard to say 60 and over Batkivshchyna Any form proposed by the parties will do 22.3 22.5 25.8 13.2 20.3 19.9 19.0 21.8 19.0 22.1 16.9 16.1 10.4 23.1 30.6 18.0 A rally of the public willing to take part in discussion 14.6 18.5 12.1 14.6 13.2 18.5 16.0 14.8 15.3 13.2 13.6 25.0 23.4 18.6 13.4 14.9 A public opinion poll 11.3 11.2 15.7 12.5 13.2 14.2 14.6 13.1 8.2 14.2 13.6 9.8 13.0 14.2 14.0 7.0 A meeting and voting upon its completion 5.1 3.1 3.6 6.8 2.0 2.9 5.0 6.4 7.3 4.7 5.1 6.3 13.0 5.8 4.5 2.7 Voting at a special Internet site 3.6 5.5 3.9 3.7 7.7 5.2 2.6 2.6 2.5 3.9 8.5 1.8 3.9 3.7 7.0 6.7 Other 0.8 3.2 1.0 0.2 1.1 0.6 2.3 2.3 1.0 1.0 1.7 0.9 1.3 0.9 3.2 2.4 I see no sense in such discussion 7.7 14.3 18.3 14.2 15.0 13.9 15.7 10.5 13.1 13.0 8.5 17.9 9.1 13.5 8.9 11.9 Hard to say 34.6 21.7 19.6 34.9 27.3 24.9 24.8 28.5 33.5 28.0 32.2 22.3 26.0 20.1 18.5 36.3

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 85 СТАВЛЕННЯ ЖИТЕЛІВ КРИМУ ДО ПИТАНЬ, ЯКІ МАЮТЬ ЗНАЧНИЙ КОНФЛІКТНИЙ ПОТЕНЦІАЛ

UKRAINIAN PARLIAMENTARISM: ISSUES AND POSSIBLE SOLUTIONS

he elections to the Verkhovna Rada of the 7th convocation are definitely the major event of 2012. T Herewith, after a decade break they will be held under a new electoral system. However, that is not the only feature that distinguishes them from the previous ones. In particular, a lot of experts state that Ukraine saw strengthening of presidential powers and weakening role of the Parliament. It concerns not only the “power triangle”, but also the public life in general. To get a comprehensive analysis of the Ukrainian parliamentarism, the Razumkov Centre appealed to the leaders (current and former) of the Verkhovna Rada of Ukraine of all convocations asking them to answer three issue-related questions. But, much to our regret, during the period from June to September 2012, we have received answers only from six politicians. The texts of the interviews received are presented below in an alphabetical order.

open lists. Obviously, we have to find a compromise THE BEST COMPOSITION OF THE between restructuring parliamentary parties and a VERKHOVNA RADA SHOULD BE BALANCED majoritarian system, in order to upgrade relations with voters, engaging them through the legislative process – which is initiated by majoritarian representatives on their behalf – expanding the foundation of democracy, and thus expanding government by the people. Parties are willing to rule as plenipotentiary, but have proven themselves unreliable and incompetent representatives of the Ukrainian people. Obviously, my statement applies to the transitional political system still lingering in Stepan HAVRYSH, Ukraine. Therefore, the composition of the Verkhovna Deputy Chairman Rada of Ukraine of the 3rd and 4th convocations met its of the Verkhovna Rada constitutionally defined powers to the fullest extent. rd of Ukraine of the 3 convocation – What prevents the Parliament of the current (6th) convocation from performing its functions? – What composition of the Verkhovna Rada of The Administration of the President’s and the Ukraine would be best able to meet its constitutionally Cabinet of Ministers’ complete control over Parliament, defined powers? imperative party discipline which – regardless of party I have always believed that a balanced party and membership – spreads to all political allies of the ruling majoritarian composition of the Verkhovna Rada would party in the parliamentary majority, as well as a lack of be best under the democratic principles established by the strategies for adopting legislative reforms for the benefit Constitution. A mixed electoral system is best when we of society. Under these conditions deputies, belonging talk about real pluralism, when we consider it to be one of to the political majority, are unable to implement their the checks and balances, when we want to prevent power own initiatives. usurpation through the quick advent of a single ruling – What measures should be taken to further the party faced with a toothless opposition, and wish to expand development of parliamentarism in Ukraine? the influence of voters over the government. Therefore, a majoritarian component of the election system allows a We should adopt a new Constitution of Ukraine voter to have his/her own direct representative in his/her through a legal procedure, approving it by nationwide own representative authority for that matter. Furthermore, referendum. It should provide for a new system of it obliges parties to stick to the ideological foundation of checks and balances, for instruments that guarantee their values, and reduces the risks of parties’ privatization the functioning of the branches of government (clearly by big business. Closed party lists have been shown to dividing their functions and responsibilities), expand aid the deformation of Parliament and its transformation self-government functions, ensure the actual functioning into a Supreme Soviet, which approves only the rules of of civil society’s institutions, establish systems that would the game set by the country’s ruling group of people. render impossible any power usurpation, and strengthen Under these conditions, we should not expect miracles society’s capabilities of exercising control over the from any electoral system on a proportional basis with government. 

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to demonstrate the efficiency of parliamentarism in FIRST OF ALL, WE SHOULD HOLD laying the legal foundation of the Ukrainian state, passing THE NEXT PARLIAMENTARY ELECTIONS fundamental laws, which formed the supporting structure BASED ON THE CONSTITUTION of Ukrainian statehood. To confirm this statement I would like to remind you that those three parliamentary convocations adopted more than two thirds of all legal codes and laws approved over the past 22 years – codes and laws which govern the economic policy, society building, and nearly two-thirds of legislation in the sphere of humanitarian policy of Ukraine. It is probably not worth insisting on the idealization of these conclusions, but my main explanation for Volodymyr LYTVYN, the professionalism of the Verkhovna Rada of the Chairman first convocation lies not so much in the individual of the Verkhovna Rada of Ukraine professionalism of the members of Parliament, but can of the 4th and 6th convocations rather be found in political paradigms, such as a maximum public demand for legislative reforms in accordance – What composition of the Verkhovna Rada of with the acute problems of statehood formation, an Ukraine would be best able to meet its constitutionally efficient electoral system to select politically and defined powers? socially ambitious leaders of different political views, Before providing a definite answer to the question, the Ukrainian populace’s significant social activity, and I will comment on its second part, i.e. the constitutionality the level of Parliament’s credibility, high accountability, of the powers granted to the Verkhovna Rada. This and thus the high level of responsibility on the side of year, Ukrainian politicians recognised the need for the Parliament’s members. modernization of the constitution due to regular social The following assumptions are likely to be considered and political changes in the society, and therefore the as maximalist, but I still believe that these constructive country has entered the active phase of reviving the paradigms of Ukrainian political reality of the first few constitutional process. parliamentary convocations eventually suffered radical I would like to remind you that for this purpose the erosion due to “experimentation” with the electoral President of Ukraine last year initiated the establishment system of Ukraine in favour of some political leaders of the Constitutional Assembly, which is functioning and the illusion of a “party structuring” of Ukrainian today. The best experts of our country’s legal society imposed on the public, which actually has not environment, scientists from different spheres of social been fully achieved so far if we judge it from a civilized life, representatives of non-governmental organizations, European perspective of social construction in accordance independent experts and think tanks have participated in with the public interest. its operation. The participation of the Razumkov Centre As a result, political parties have turned into in particular has been anticipated. “electoral locomotives” for ambitious, personally The developments achieved are waiting for a national motivated politicians. In the absence of clear ideology, discussion, as well as carping analysis by international political platforms and strategies, nearly two hundred experts and, especially, by the Venice Commission. parties serve the purpose of electorally disorienting I would like to emphasize that the Verkhovna Rada society, rather than structuring it. The low accountability of of Ukraine should play the most visible role in this the members of Parliament to voters, the inability to recall regard, because the extension of the democratic process members of Parliament and the avalanche of lobbying is impossible without the involvement of, and a significant initiatives for the benefit of party bosses and corporate contribution by, the highest representative and groups have caused the dramatic collapse of Parliament’s single legislative body of power, i.e. the fundamental authority in the eyes of the population. Parliament’s institution of government by the people in the country. standing, measured by the level of its credibility, has Without claiming to be a clairvoyant, I can predict that fallen to a record-low 7% of public support, according the constitutional powers of the Parliament, first of all, to the monitoring conducted by the Institute of Sociology will be subject to changes, secondly, they will become of Ukraine since 1994. of greater public importance, and thirdly, that they will In this regard my next assumption is likely to be place much greater responsibility on parliamentary too severe, but it is closer to objective reality than deputies vis-à-vis society. phantasmagorical imaginings of the future. Ukrainian And now, switching to the answer to the above parliamentarism is in a deep crisis that creates a question, I would like to state that the comparison of fertile ground for the growth of authoritarian trends, parliamentary compositions of different convocations increasing absence of control of other branches of is not always rewarding – at least because there is a government (namely the executive and judicial branches), substantial risk of error and personal opinion involved the destruction of democracy in general, mass apathy of in answering such questions. society at large, and an increase in the gap between the However, I dare to state that the compositions of the government and the nation, which ultimately grants it its Verkhovna Rada of Ukraine of the first (1990-1994), power. This state of affairs is a direct threat to Ukrainian second (1994-1998) and largely the fourth (2002-2006) statehood. convocations met the needs of Ukrainian society and Here I would like to express a somewhat paradoxical state formation tasks that were generally settled by the idea: improper parliamentarism is better than good Ukrainian Parliament within its constitutional powers to authoritarianism, since the latter inevitably degenerates into the utmost. totalitarianism with all its typical irreparable consequences. This statement is not unfounded even though with The history of mankind and especially recent affairs – legislative statistics of these convocations it is possible in particular, the so-called “Arab Spring” – proves

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I cannot help mentioning the fact that in recent months such a “universal” political factor as the approach of parliamentary elections has been the main obstacle to Parliament’s clear, regular and efficient functioning. Expectations surrounding the elections run through the whole work of Parliament, sending waves of populism through the content and atmosphere of the legislative process. Sometimes it seems that this factor has turned into the dominating idea of political life for some members of the Parliament of Ukraine and literally blocks all common sense aspirations for well-built and carefully elaborated legislative work. And it also has, in my opinion, a detrimental impact on the maintenance of Parliament’s authority. – What measures should be taken to further develop parliamentarism in Ukraine? an inevitable pattern of events based on this scenario. The word “measures” used in the question probably And although according to the saying “history teaches doesn’t adequately reflect the scope and the moral and us what nobody has ever been taught”, I want to believe ethical component of the changes that must occur for the in the victory of common sense over those who make restoration of parliamentary influence in Ukraine. a mockery of it. Given the significant loss of parliamentary deputies’ Only further development of the democratic principles credibility in the eyes of voters and the extremely low of parliamentarism in Ukraine would be able to lead authority of the deputy corps in the society, we must the country on its course of civilization, as generally recognize that we should talk about the revival of a recognized in the world, despite all the current and real parliamentary system in Ukraine, rather than its conditional difficulties involved in this process. Every “deepening”. Ukrainian citizen has to make an effort. If we stand aside, then, as the classic literature says “Do Not Ask For Therefore, I state my view of what those changes Whom the Bell Tolls...”. should look like – which, by the way, are absolutely legitimate and implemented entirely under appropriate – What prevents the Parliament of the current (6th) circumstances that will revive and raise the credibility convocation from performing its functions? of parliamentarism in Ukraine. I will try to express my position in a condensed form to avoid ambiguity and This question already presupposes certain answers. possible repetitions. However, we should be realistic. Only Tommaso Campanella was able to believe in the perfect state First and foremost, we need to hold the next structure of ‘‘The City of the Sun’’, which was actually parliamentary elections in a constitutional manner, i.e. detached from real life by a classic example of idealism. through free elections based on general, equal and direct By the way, if you remember, it was a state structure with suffrage by secret ballot. A democratic and civilized elements of a wonderful combination of authoritarianism election process in accordance with international standards, and democracy. without the abuse of various “resources” will be the first and most important contribution to the development As for me, the answer is basically contained in the of parliamentarism in Ukraine for decades to come. answer to the previous question. The 6th convocation of the Verkhovna Rada, elected in 2007, has some very Secondly, the improvement of electoral legislation distinct features. In the middle of this Parliament’s term that would meet not only the established international presidential elections were held in Ukraine and the head norms and standards, but also the mentality of Ukrainian of state was changed. This provoked a fundamental voters, the state and structure of Ukrainian society, is change in the alignment of forces in Parliament, fundamentally important. causing numerous cases of “deputy migration” and Parliamentarism is not only a state institution of other “transitions”, which broke the unwritten rules of representative government, the system for choosing relationships and arrangements among deputies. Instead of the mode of organisation, powers and operation of the the former monolithic, well-organized and pragmatically Parliament. Its power is defined by the Constitution, motivated opposition we now have a fragmented, “the people are the bearers of sovereignty and the multi-centred and occasionally “hysterical” opposition. only source of power in Ukraine exercising it directly The opposition’s breakdown in the face of the majority’s and through bodies of state power and bodies of local powerful consolidation in the sphere of monopolizing self-government”. Thus, thirdly, this is a fundamental the right to take legal decisions significantly undermined component of parliamentarism in Ukraine that requires the integrity of the Parliament and its ability to take special attention from the government, the President of decisions in the public interest. Under external impressions Ukraine as guarantor of the Constitution, governmental the Parliament was seen as the epicentre of domestic and non-governmental organizations – that is, by society as instability, a political “explosive component” and even a whole. Systematic and systemic expansion of society’s as a factor of possible social destabilization. participation in government through the Parliament is This is extremely threatening for the image of the main driving force of parliamentarism. Otherwise Parliament as a single legislative body, as a basic centre all the parliaments of Ukraine will continue to be only of democracy on the pinnacle of power. Only trust in the “scenery of democracy” with low public ratings, the antagonistic model of democracy may actually be and remain to be an ineffective instrument in the system an alternative to its distrust and here again a shadow of of restraining forces and balances in Ukraine’s complex authoritarianism is implacably approaching. state mechanism. 

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model of some post-Soviet Central Asian states. This THE STRENGTHENING OF POLITICAL PARTIES, combination of factors has often led to semi-anarchy, THE OVERCOMING OF POLITICAL CORRUPTION, i.e. inconsistencies in the actions of the President and AND THE STRENGTHENING OF LOCAL the government, on the one hand, and the Verkhovna Rada GOVERNMENT ROLE ARE INDISPENSABLE on the other hand. CONDITIONS FOR THE DEVELOPMENT OF PARLIAMENTARISM IN UKRAINE We have not had a structured parliamentary majority at all for many years now. The majority was primarily situational. There was even a kind of ideological disguise for such an ugly situation. “The Parliament was said to be in opposition to the government” (as though it does not represent legislative power itself). But then in 2004 the irresponsible parliaments were taken over by the absolutely irresponsible President Victor Yushchenko, who was hungry for power, the co-partners, who Viktor MEDVEDCHUK, “brilliantly” performed the role of the gravediggers of First Deputy Chairman of Ukrainian statehood. Under their rule, the Verkhovna the Verkhovna Rada of Ukraine Rada turned out to be half-paralyzed and dysfunctional. rd of the 3 convocation – What prevents the Parliament of the current (6th) convocation from performing its functions? – What composition of the Verkhovna Rada of Ukraine would be best able to meet its constitutionally Unlike the period of semi-anarchy under the defined powers? government of Victor Yushchenko, Parliament is functional from the point of view that laws are passed. There is Ukraine faced the need to create its Parliament and no conflict in the President – Government – Parliament other bodies of “bourgeois democracy”, in Marxist triangle, and solutions of the Verkhovna Rada are terms, at a time when neither its political class nor predicted. the country as a whole was mentally ready. The best that the country was able to claim as of 1990, when However, what was the price paid for it? Everyone the first competitive elections to the Verkhovna Rada understands that the majority was forged by party- were held, was slow, “ingrowing” (or “element-wise”, switchers with the help of administrative resources, using the terminology of Karl Popper) market reforms, using either carrot or stick. The price paid is the through which private and public law is transformed rejection of democratic constitutional reform and hand in hand with the expansion of market relations. potential instability, as such “principled politicians” The success of this transformation was facilitated by tend to “sell” their political patrons, when the system the fact that the most active part of society was vitally starts to flow. interested in these reforms. Maintenance of the ruling There was a time when a different model of stable party’s monopoly, similar to the Chinese model of majority formation, working in close cooperation with transformations would – without doubt – have been the Government, was on the table. The idea was to preferable during the transition period. I state this as switch to a two-round system of parliamentary a sincere follower of parliamentarism, who has never elections, according to which the two parties obtaining belonged to the Communist Party of the . a relative majority would participate in the second Fate, however, chose another direction. I think that the round. The winner was to get 226 seats. I understand features of the Russian and Ukrainian political mentality that this model may be subject to criticism. However, have played their part. Namely, they are to blame for a it offers an approach that would provide, firstly, lack of flexibility, which leads to the fact that the political democratic competition during the elections, secondly, system rejects element-wise evolutionary changes, and a system of political responsibility, and which, thirdly, is inclined either to the preservation of obsolete forms, would maintain stability. A similar system exists in or to suddenly destroying itself – as happened in our , allowing that country to avoid the “ministerial country in the early 1990s. leapfrog”. As a result, we have obtained a quite immature form of parliamentarism. This is not to say that the members of Parliament elected in 1990, 1994, 1998, 2002, 2006 and 2007, in terms of compliance with constitutional law, demonstrated some extraordinary desire to exceed the scope of their powers. The problem is different: the political class of Ukraine desperately avoided the formation of a democratic system of political commitment (“responsible ministry”, as they used to say in the old days). This system assumes that those powerful and organized political parties which won the most votes in the elections and formed a parliamentary majority, would form the government (usually a coalition government). However, we also did not want to subordinate political life to an all-powerful autocrat president based on the

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– What measures should be taken to further develop parliamentarism in Ukraine? I gave the answer to this question as far back as 2003, when I initiated political reform and the result of its implementation led to the transformation of Ukraine from a presidential-parliamentary to a parliamentary- presidential republic. Today, two years after the abolition of political reform, all realistic people should know that the political transformation of Ukraine into Oleksandr MOROZ, a democratic constitutional state is possible only Chairman through strengthening the role of Parliament. of the Verkhovna Rada of Ukraine of the 2nd, 5th convocations The state of the current Parliament is obviously not encouraging, and I understand to a certain degree those who are opposed to granting Parliament more powers – What composition of the Verkhovna Rada of Ukraine would be best able to meet its constitutionally than it holds today. In addition, there is no doubt that defined powers? the new Parliament to be elected in October will not fundamentally differ from the current one at all. That It was the composition of the second convocation. is why I hold the view that the expansion of Parliament’s It was formed virtually without administrative resources. powers should be accompanied by the transformation of – What prevents the Parliament of the current (6th) Parliament itself. Some of the positive transformations will convocation from performing its functions? occur naturally due to the fact that within the parliamentary model political forces will have to learn to negotiate. Its complete subordination to the executive branch, which contravenes the constitutional status of Parliament An indispensable condition for Ukraine’s as an independent branch of government. parliamentary development is to strengthen political parties. Today, a majority of Ukrainian political parties – What measures should be taken to further represent either an alliance based around a populist leader develop parliamentarism in Ukraine? or business and political clubs. But in both situations The Law on elections should be introduced under they are mere imitations of true parties. And if we do open party lists.  not return to a proportional electoral system (preferably with open regional lists, which provide for the dynamics REQUIRED COMMON WILL of party development), the current situation will remain OF CURRENT POLITICAL ELITE unchanged. The second important issue, the solution of which depends on the possibility of developing parliamentarism in Ukraine, is to overcome political corruption. Let us remember that during 1998-2002 there were some members of Parliament who changed their fraction up to 14 times! And not a single oath – even if candidates sign it in blood – will save us from the situation that the new parliament will also have Viktor MUSIAKA, party-switchers. Only the introduction of an imperative Deputy Chairman of the Verkhovna Rada mandate is a civilized way of solving this problem. This nd involves a stern rule that requires a deputy to implement of Ukraine of the 2 convocation the course of his/her political force, belonging to which provided him/her with a parliamentary mandate. That is – What composition of the Verkhovna Rada of the most effective mechanism to ensure parliamentarians’ Ukraine would be best able to meet its constitutionally personal responsibility – more effective than calls for a defined powers? deputy’s honesty and morality. The only way to get rid It was the composition of the Verkhovna Rada of the of party-hoppers is the following: if you refuse to be a 2nd convocation (1994-1998) which performed its powers “party soldier”, hand over your mandate! One day, when defined by the Constitution to the fullest extent. It was Ukraine’s political culture reaches a higher level it will this particular composition of the Rada which adopted be possible to turn down the imperative mandate, but the New Constitution of Ukraine. The Constitution of 1996 for now I do not see any other way. laid the foundations of a presidential and parliamentary republic, at a time when relationship mechanisms Finally, the third essential requirement for the between the branches of government and presidential development of political democracy is to strengthen power as non-system substance had not yet been developed. the role of local government. Unfortunately, the The Parliament put the legislative process in order, Constitutional reform introduced in 2004 was left established a legal platform for the functioning of the unfinished for political reasons, and the rights of local branches of government and local government, and councils were not extended. Meanwhile, political parties clearly defined the nature and content of the relationship need to be tightly linked with the regions and have between an independent body of popular representation representation offices in local councils to enable them and the President. The Verkhovna Rada of Ukraine was a to fully understand the problems of the country and the reputable government body, and deservedly so, especially people who live in it.  considering the current situation.

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– What prevents the Parliament of the current (6th) parliament and then-President Leonid Kuchma – the convocation from performing its functions? Verkhovna Rada of the second convocation managed to

th obtain for itself a rather influential role in the political Nothing prevents the Parliament of the 6 convocation system of Ukraine. from fulfilling its functions in a proper way, except for the fact of its “privatisation”, as well as the “privatisation” The foundations of parliamentarism, of political of all levers of state power and local self-government dialogue and the search for a compromise for the benefit by the ruling oligarchy. This is just the role given to this of the country and the people were laid at that time. body in the system of power. The political structuring of society and the Parliament started back then. The factions of political parties – What measures should be taken to further were legalised and began to operate effectively in the develop parliamentarism in Ukraine? Verkhovna Rada of the 2nd convocation. Only the renewal of constitutional order, and the The respectability of MPs – and indeed of the whole legitimisation of the Ukrainian state may form the basis Parliament’s functioning – gave reason to hope that for a revival of parliamentarism in Ukraine. This can not only the socio-economic crisis would be overcome be most easily implemented through the common will of soon, but also that democratic institutions would soon the current political elite by transforming the Parliament be established. It was believable that Ukraine had of the 6th convocation into a Konstytuanta.1 It should irreversibly chosen the road towards the civilised adopt a new version of the Constitution of Ukraine, family of European nations. approved by nationwide referendum within a year at Of course, a lot of mistakes were made out of most. After that, the Parliament should cease functioning ignorance, naivety and certain interests. But all in all the in its current composition, elected in 2012. The election result of that Parliament’s work was very positive. to the Verkhovna Rada and local government bodies, as well as the election of the President, should be held Unfortunately, each next composition of the under the new version of the Constitution within two Verkhovna Rada incurred more and more criticism and months. This will allow the whole system of power and less and less respect. So-called “Managing Directors” local government to act in a legitimate, constitutional of the Parliament have appeared. It turned out that the most important decisions could be made not only and lawful manner. Only then may we think about the inside the “building under the dome,” but elsewhere; restoration of Ukrainian parliamentarism.  political expediency and confrontation began to prevail over common sense. Voting in the name of another THE TASK OF THE PARLIAMENT deputy-colleague, the permanent switching of allegiance IS TO SERVE THE PEOPLE of single deputies and even entire groups of MPs, and instigating informal agreements and bribery became normal. Parliamentarism degraded as more deputies ready to sell themselves (and not even for that high a price) started to enter the Verkhovna Rada. I hope that after the elections on October, 28 we will revive Ukrainian parliamentarism in the European sense in the Verkhovna Rada.

th Arseniy YATSENYUK, – What prevents the Parliament of the current (6 ) Chairman convocation from performing its functions? of the Verkhovna Rada In short those are corruptness, lack of a sense of of Ukraine of the 6th convocation human dignity, and the prevalence among many deputies of mercantile interests over the interests of society and the state. – What composition of the Verkhovna Rada of Ukraine would be best able to meet its constitutionally It could be the worst composition of the Parliament defined powers? since the restoration of statehood. First of all, the main reason for this is the moral traits of many people’s The composition of the Parliament of the 2nd deputies. It seems that Ukraine itself and the Verkhovna convocation, elected in 1994, was probably the most Rada exist independently from one another and there is appropriate. Back then, money – not to mention a lot no connection between them. of money – was not a requirement for being elected. Both candidates and voters felt united in a shared sense of After Yanukovych came to power all the branches of building a new state, of being responsible for their government in Ukraine completely lost their legitimacy, choices and the work of Parliament. The administrative as people did not vote for sudden changes in their resources were out of question: their existence was yet authorities, or the prolongation of councils at all levels, unknown. Thus, the Parliament of the 2nd convocation and moreover all this was happening by thimblerig. has been the most responsible and close to resembling Parliament as a representative authority died long the real European parliament. before October, 28. The reason for this is the loss of Therefore, during the constitutional process – which Parliament’s constitutional powers more than one year was characterized by stern confrontations between ago, which were fraudulently extended.

1 Konstytuanta is a supreme, nationwide, collective, interim representative body, specifically established for the development and adoption of the Constitution of the state.

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The foundations of parliamentarism are a firm election procedure according to the modern rules of European democracy; rules abided by at all stages of the electoral process. The law on elections cannot be changed in favour of the interests of some political forces, criminal clans or a symbiosis of the two that we observe nowadays in Ukraine. Therefore, necessary measures of two kinds have to be introduced for the restoration and the development of parliamentarism. The first kind aims at the immediate restoration of Parliament’s powers, which were abandoned in favour of the President. The next step has to be political reformation, which defines a clear role for the Verkhovna Rada within the political system of the state. Primarily, this refers to the formation of the government, the adoption of the Verkhovna Rada’s activities and assigning to Parliament This situation took place because, as already the authority to investigate all actions of top officials mentioned, personal (not to say selfish) interests of without exception – and, if necessary, the power to a small group of people prevailed over the interests of impeach the President. society and the state. Having lost political responsibility and human dignity, some MPs switched allegiances. Also, we must legally restrict the currently excessive immunity of MPs, the President, judges and prosecutors: Parliament has actually become an appendage to the Their excessive immunity generates the disease of Presidential Administration: laws have been adopted very impunity. rapidly without proper investigation despite the assessment of special committees, etc. Some of them undermine the In turn, the rights of the opposition will have to be prospects of Ukrainian statehood. This convocation was protected by a special law that will enable Ukraine to the first Parliament in the in which a implement the constitutional norm that “no one can majority under control of the President’s Administration be subjected to persecution because of their voting has voluntarily ceded many important powers to the behaviour.” President and the executive branch. The mechanism of recall will have to be introduced The political savvy has been defeated in the Parliament so that deputies can finally realize their responsibility. of the sixth convocation – something that would be impossible in a normal democratic society, something We will strive to ensure the implementation of the that also would not re-emerge in the new Parliament. constitutional norm on personal voting. This could be The quality of being corrupt is not valued in any achieved simply by using the system “Council”, which society. was established during my terms as Speaker of the Of course, some of my colleagues are striving to Verkhovna Rada. Criminal liability for voting with some preserve at least some remnants of parliamentarism and else’s card has to be introduced in order to prevent the defend democratic principles, Ukrainian values and the urge to vote for another MP. European choice until the end. Unfortunately, we are I hope that these measures will give a powerful currently in the minority. impetus to the stimulation of sound legislation, designed Therefore, the first task according to the United to further the development of the state and society. We Opposition is to return to a parliamentary system and have already developed and introduced several bills return political responsibility to the Parliament. We aimed at the restoration of Parliament and the revival need to introduce a higher quality politics for Ukraine and development of parliamentarism. It is clear that the and to show our society and the world’s democratic current majority refused to consider them. For sure, we community that Ukraine has sound, valuable (political) will pass them in the next Verkhovna Rada. forces, which will not sell their ideas. We need to show morality and a modern perspective leaving behind The other aspect of this issue is external and lies “the rules of the underworld”. We want a normal life outside the Verkhovna Rada’s and does not relate to according to current European rules and we are ready to parliamentary procedures. Voters are responsible for fight for our ideals. I am sure we will make them a reality! their choices, the quality of the parties and the candidates they will vote for on 28 October. It is the parties’ – What measures should be taken to further responsibility to nominate their candidates. It is the develop parliamentarism in Ukraine? responsibility of the election commissions that the Before mentioning the development of parliamentarism election results reflect the will of the people, and not in Ukraine, it is first necessary to restore the constitutional the will of the authorities. order in the country. Reinstate the principle of the I am convinced that if there is to be no external, separation of powers and establish a balance between the proper civil control over Parliament’s activities, branches of power and put an end to political persecution. then there will be no revival of parliamentarism. Therefore, it is first of all necessary to restore the Only the people of Ukraine, as the only source of parliamentary system, and then to work on improving it. power, have the right and duty to demand the protection This requires actions and daily struggles without rhetoric of their interests from MPs. The task of Parliament is and empty declarations. to serve the people! 

92 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ОБОРОННА РЕФОРМА: ПЕВНІ УСПІХИ, НЕПЕВНІ ПЕРСПЕКТИВИ UKRAINE ON THE EVE OF PARLIAMENTARY ELECTIONS: WILL THE EXPECTATIONS OF CITIZENS COME TRUE?*

to be active and want them to have a team capable of THE TIME OF ELECTION IS A GOOD TIME helping them do their work. Citizens want their MPs TO REFLECT, REVIEW AND ASSESS to keep them informed through traditional mass media THE PARLIAMENT AS AN INSTITUTION and increasingly through the internet and social media The 12% approval rating of the Verkhovna Rada presented in this report is a deep dip from the 20-25% rating of previous years. Political parties have not been seen to a significant player in representing the peoples’ needs or interests. Though 21% of respondents believe that MPs should represent citizens, and, to a lesser extent that the parliament should have an oversight role. Generally, people want the party to have a consistent stand on issues. Eleanor VALENTINE, Director of the Parliamentary For me the most worrying result of this survey Development Project II of Ukraine is that only 28% of respondents feel that it is citizens who influence most their MPs. What this says to me is that people feel that MPs do not listen to the people The Parliamentary Development Project of Ukraine whom they represent.  Legislative Policy Development Program (PDP) II financed by USAID since 1994 has been working with ELECTION RESULTS NEED PROTECTION the Verkhovna Rada on institutional development issues during four convocations and even before PDP had begun operations in Ukraine, Indiana University had been working with deputies from the first convocation. As the Secretary General of the Association of Secretaries General of Parliaments Anders Forsberg has remarked all parliaments are constantly evolving Valentyn NALYVAICHENKO, and the transition from one term to the next at the time of election is a good time to reflect, review and assess the Leader of the Сivic Initiative parliament as an institution. This helps to inform the “Renovation of the Country”, parliament and the public about what has been achieved Candidate for a Member of and where the legislature has fallen short of expectations. Parliament of Ukraine representing It was for this reason that we were happy to support the political party “UDAR” this initiative of the Razumkov Center, so that the expectation of voters of the new parliament could be I will briefly focus on major trends. First of all: all recorded and so that experts could help identify and assess of us could see the hideous portrait of political corruption where the parliament was strong where it was weak. in Ukraine, which had been depicted by experts and This information will be used to help the new members of the Verkhovna Rada to stand up to public scrutiny political analysts since long time ago. The answer to and to be held to account by the voters. We will also what is happening to the Ukrainian Parliament lies in the compare the results of how voters assess the parliament recognition of this major disease. The price of political to a survey of how the members of the 6th Convocation corruption is betrayal. of the Verkhovna Rada assess it. Both perspectives Political parties in opposition are currently suffering will be important orientation documents for members from imperfection of a recently adopted electoral law of the new 7th convocation of the Verkhovna Rada. that is traitorous in itself. All its shortcomings are The public looks to their elected representatives fully revealed in the work of majority constituencies, to listen to and engage citizens. The public expects precinct election commissions where our people members to be personally accountable and to ensure are not allowed to work. District election committees the accountability of the Verkhovna Rada of Ukraine face problems too – we witness manipulations and as an institution. The citizens want their members preparatory work for falsifications.

* Roundtable discussion was held on September 26, 2012. Texts of reports prepared according to the shorthand record of the discussion are presented in the order of the speakers’ presentation during the discussion in the language which a speaker used.

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Secondly, we should realise that these elections offer the Parliament, have already given such promises, and a good opportunity for political parties, international voters do not really believe that we will keep them. experts and experts inside the country to strongly support The next interesting feature is that, on the one hand, non-governmental organisations and public environment. a voter understands that oligarchy is destroying They are worth the support, because, for example, a lot the future of Ukraine and is opposed to oligarchs, of Ukrainian non-governmental organisations launched an multimillionaires. On the other hand, the same person initiative to deprive each and everybody of their privileges, requires a candidate for deputy to immediately pave the including the Members of Parliament, government officials roads at his/her own expense, build playgrounds, etc. In and the President, and to spend the funds saved on fighting other words a candidate has to be a man with no money dangerous diseases such as tuberculosis, HIV/AIDS, etc. and be able to do certain things at his/her own expense. Thirdly, today the opposition forces are united in a The combination of such opposite things is a certain shared understanding that the election results should be standard for voters. protected. We need to forget about all offences and mutual Unfortunately, all these things programme the future. suspicions and realise that every majority constituency, In other words, a voter can make his/her choice again, each committee, each record are our priorities for which without realising his/her own social and economic we need to consolidate and show the society the best interests and responding to some clichés, emotional solution, rather than look for the guilty.  consequences of certain random actions. This causes disturbance about the quality of the next Parliament. WE OBSERVE SIGNIFICANT CHANGES IN SOCIETY, The credibility of the government grows right after WHICH IS A POSITIVE TREND IN ITSELF the elections. Even after the recent presidential elections we could observe voters’ illusions for half a year. They expected to have a continuously positive outcome. It did not happen, people started getting disillusioned. The situation with the Parliament may appear to be even worse due to voters’ mistakes, which are the result of their own contradictory visions. Ksenia LIAPINA, Besides, the voters continue to painfully perceive Member of Parliament the debate. Everyone wants to hear only the view he/she shares. If he/she hears something contrary to their of Ukraine, Candidate for opinion, it should be banned, and such an opinion is a Member of Parliament not to be spread. The debate is perceived in quite a representing All-Ukrainian controversial manner. We often hear the same voters to Union “Batkivshchyna” announce contradictory recommendations that we should not listen to the opponents because they abuse each other, etc. In other words, the quality of debate at the political This election campaign is rather interesting. We level remains low, and this understanding makes voters understand how big the risks are for Ukraine and how the think about the futility of debate in itself. Although, if public choice will influence the future of Ukraine. Once they have ever listened to a debate of high quality, rather again, the country is facing the choice of a world outlook. than arguments at various talk shows, they would have For me, as a candidate from a majority constituency probably changed their attitude to this issue. and a person who is keen on analysing it has been very interesting, during all this time, to communicate with In general, the public perception of the Parliament is voters and to see the results of the research conducted now very complicated, but not deprived of some positive directly in the constituency. Here, you can see how features. The first feature is that five years ago the voters problems and benefits of the future Parliament are paid little attention to personal work of each deputy, determined through the thoughts and attitudes of voters. attendance of meetings by deputies, personal voting, etc. That is to say, the voters did not keep an eye on a candidate What can we observe? In fact, there are completely they were choosing. I think, today, the social movement opposite and incompatible schemes of Ukraine’s is drawing the citizens’ attention to those things, and it is development born in the mind of a voter. On the one hand, a positive sign. Voters start to take an active interest in the Soviet view is still alive – the government should attendance of the meeting by the Members of provide everyone with everything, and the citizen has Parliament, personal voting, so that the candidate nothing to worry about. On the other hand, new visions would not keep silent and would speak out in the are being formed that the state should create conditions Parliament. In terms of the selection criteria being laid out and provide only those with necessities of life who need right now, we are witnessing certain positive changes. it. These two completely opposite concepts are sometimes used in the mind of one man. That is a man, calling for a The second positive feature is the situation with TVi state building, which will develop production, guarantee Channel’s closure, which became an accelerator of social jobs, particularly for young and talented people, defend processes, when people began to realise the value of the free use of public transport not only for pensioners, but freedom of speech. Earlier, they looked at it as something also for pupils and students. abstract. Today, we have a concrete example that the freedom of speech was lost and people felt it. I am being To our shame we all should be blamed for this, we asked at every meeting “What are you doing and what have not built our propaganda work on clear ideological should we do to get the TVi back in the television network? grounds. We address our voters with the slogan Voters require us to give specific recommendations, carry “Everyone will get everything necessary!” Unfortunately, out actions, events. They want to participate in these such a trend is being applied during these elections events, and this is a very positive sign. People felt the too. All parties promise nearly the same, for example, value of free speech in a very concrete form and they the promise to deprive deputies of their privileges. are ready to be directly involved in protecting this I would like to remind you that we, the Members of freedom.

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These two positive features will define the Parliament’s if you manage to use it, you are on a roll, if you do not – future. Those candidates, who oppose freedom are losing you lose a chance and have to wait for the next time. support, people do not want to have such candidates. This determines the level of credibility of the Parliament. It often happens that deputies put to vote some barbaric Thus, the level of trust is dramatically declining both laws (i.e. the libel law) but public pressure makes the to each individual politician and the legislative body as deputies withdraw them. a whole. It is almost impossible to predict the new composition Why would we build politics – the bridges of trust of the Parliament. We understand that there will be between the electorate and ourselves? Why would we the part of the deputies, who are clearly ideologically report to the voters every month? Why would we meet oriented, and it is also a criterion for voters, but, them and hear their views every month? Why would this unfortunately, there will be the part that will pass due to view be implemented in the decision of the Verkhovna certain “financial investments”, and behaviour of those Rada? When you may simply pay off later on. Why would deputies could be quite unpredictable. a person who provides buckwheat or chronometers, make any public statements about state policy? Relationship with However, today we observe significant changes in voters could be completed simply by the act of purchase the society, which is a positive trend in itself.  and sale. There is no need for a deputy to meet him/her any longer. WE WILL NOT CHANGE OUR COUNTRY But can we break this political technology? If we do UNLESS WE CHANGE A POLITICIAN’S not change the content of debates between voters and ATTITUDE TO HIS/HER VOTERS politicians (if a politician does not talk about the number of lanterns he is going to install, the number of the roads to be repaired in the constituency, but if he tells how the system works and what should be done for the system to repair all this), this ratio of trust and mistrust between voters and politicians will not change. Viktor CHUMAK, However, not everything has been lost yet. At Director of the Ukrainian the beginning of each meeting with voters, I say: Institute for Public Policy, “I understand that you do not believe me”. And, what is Candidate for a Member more, I understand that voters believe that I am going to the of Parliament of Ukraine, government to fill my pockets and fall greedily upon the representing the political food tray. But after an hour of conversation, when you turn the discussion in a very tough direction and begin to change party “UDAR” its character, describing how the system works and what should be done to change the system’s attitude towards I completely agree with the previous conclusions this person, he/she begins to listen to what you say. concerning voters’ expectations. However, I would Therefore, it is definitely both a voter’s and a politician’s probably disagree with the fact that voters do not need a fault. And if we do not change the attitude of a politician tough debate. I have held 61 meetings with voters until towards voters he/she is working with, we will not now. Their number may be different about 15-30 people. change our country, and it does need change.  But even if there is just one person, we talk to him/her, because that requires one person to carry the information LEGITIMACY OF ELECTIONS, RATHER and transmit it further. THAN THEIR FALSIFICATION IS THE MAIN I would like to analyse the reason why such OBJECTIVE OF THE GOVERNMENT attitudes prevail. After many years of working in the expert environment it became a habit for me to criticise politicians. Programmes with empty content are a mixture of populism and various political ideologies that are rewritten every year in various ways. They are being developed by the same political analyst for several political forces. I have always asked “Why is not it possible to talk about certain policy problems to voters? Why do not we discuss serious issues?”. But now, as a member of the electoral process, Vitaliy BALA, I have understood that these are smart politicians, rather than bad ones, that turn it into a political technology with Director of “Situations a view to reducing the voters’ attention to a politician. If Modeling Agency” we talk about state policy, we must hold responsibility for our words and our programmes. And now a person, who I am unhappily surprised by almost each and every is going into politics, generally speaking, tells bedtime election campaign of today’s political parties. It does not stories, making promises about the things that, as a motivate voters to vote. We observe a kind of “frontline” matter of principle, are impossible to accomplish. In fact statements, split of everyone and everything into black and a voter has no alternative and casts his/her voice for this white. But if we divide everything into black and white, politician. And it turns out that the voter’s requirements for nobody wants to hear the opponent’s opinion. Politicians a politician decrease. and political forces are the first to be blamed for this. Now, communicating with voters, we are talking about Legitimacy of elections, rather than their broken roads, unrepaired elevators, windows, playgrounds. falsification, which is widely spoken about, is the And it turns out that a voter is immediately asking “Could main objective of the government not just before you do this or that?”. He/she clearly understands that such the international community, but also before its own a “freebie” is possible only once in every five years, and people. And this is what the government is working on.

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After all, once popular “political tourism” was banned of the country, where a small group of people belonging for a reason. CCTV cameras at polling stations will to big business (such as Rinat Akhmetov, Dmytro also contribute to legitimacy. Firtash and ) can afford not to go to the As for the opposition, its requirements are: first of Parliament and “pull the strings”. The rest of those who all, motivation to participate in elections, and second – will come, (a) will not be able to protect their business, the protection of their results. No significant result can (b) will not be able to multiply it. be achieved without considering the above mentioned The second illusion is based on the fact that after points. And I would rather talk less about falsification, entering the Parliament, you can avoid criminal liability. as it does not contribute to active participation of the Talks of immunity are no more than yet another myth. opposition electorate in the elections. Mykhaylo Chechetov only has to say a word and the The opponents of the government should have focused immunity would be removed in no time. The only on two points. The first one is to bring hope to people thing is that it requires effort, and we must work to make i.e., to prove that if they win, things will change for everything more or less “clean”. Mrs Tymoshenko’s the better. In other words, the opposition should have scenario will not work out again, as it will evoke a become an alternative and offer its own path to the wide response, everything should be done more or less country’s development. But as the political advertising professionally, but they are unable to work this way. shows, it is the government that provides an alternative The third illusion is that the group of majoritarian to the opposition, since it claims that nothing is good representatives can reduce the degree of confrontation and it will manage to do better. It is a political nonsense. between the opposition and the government. Here, The second point is that the opposition should have I should explain what I am taking about. appealed to human dignity. This could be a powerful motivation to participate in elections. The main political feature of Ukraine is that we take the elections as the last battle – the battle for the state As for the expectations from parliamentarians, I think as such. This is one of the hallmarks of a postcolonial it depends on the citizens themselves, they will have the country. And as we witness it in all countries of this ones they elect. But there is a nuance. Political forces type, the confrontation in our country is quite clear: (the majoritarian representatives will probably do it pro-imperial (pro-Russian) vs. national (pro-Ukrainian). better) failed to conduct the first stage of the campaign, There are three main issues: language, religion and which I call the enlightenment stage. They should have nation. They have been used to divide the country more told people what they would do, what would happen to than ever. The question still remains whether Ukraine the country when they come to power. They had to show will be united, “glued” after the elections… the agenda after the election. They failed to do so. There were no real messages that could motivate voters, and we Thus, the question is whether the majoritarian witnessed that people did not support the debate. representatives will manage to reduce the degree of As for the new Parliament, we should draw attention confrontation. to the bills to be adopted by the new Parliament. This It is clearly seen that there are no negotiators in the will help us determine the political balance of forces and Parliament, they are removed at the earliest opportunity. the real winners. If the Parliament restores its powers Thus the government does not listen to the opposition, (whatever applications and coalitions formed), we can and the opposition does not listen to the government. assume that Ukraine is slowly beginning to return to the After the imprisonment of Yuliya Tymoshenko, democratic path of development, its legal framework. negotiations on any agreed actions were ceased. The proportion of new and current members will Unfortunately, the majoritarian representatives will not also be an interesting criterion for the Parliament be able to change this situation. There will be just white evaluation. If the current members make up the majority and black, no “grey”. You either support the government in the Parliament, the situation will not get changed for or the opposition. If you support the government, no the better. But everything goes along this way...  one will touch you, but if you are in opposition, you might go bankrupt.

SHIFTING FOCUS ON LOCAL GOVERNMENT Generally speaking, the requirements for the majoritarian representatives fell below the lowest level. IS THE WAY TO SAVE THE COUNTRY A popular topic of gas agreements has not even been raised. The issues begin with a list of matters in the yard and do not go any further. No party (except for “UDAR”) has prioritised professionalism when selecting candidates. The party’s candidates running for “majoritarian” seats were virtually “thrown into the flames”. Therefore, I believe, the professionalism of Yuriy HANUSHCHAK, the next Verknovna Rada will be extremely low. Member of Parliament What is the next? The voters’ expectations should of Ukraine, Candidate for be redirected. I often explain that the task of a Member a Member of the Parliament of Parliament is to establish “game rules”, a Member representing the All-Ukrainian of Parliament has to prepare laws. But the people do Union “Batkivshchyna” not need this – they need a particular action. Therefore, our competitors focus on certain things, they say: “I gave buckwheat, installed swings at playgrounds I want to dispel a few illusions. The first one is the (and although everything was done at the expense of illusion of mid-level businessmen that they will be the budget) but I managed to direct this money to help allegedly independent in the Parliament. They will be you, in particular”. And if this is what we expect, easily cracked up, as there are powerful mechanisms for then the one, who stole the budget money to help the this. We are entering a phase of extreme monopolisation constituency, is a good guy.

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The only way to change this situation is to introduce the Parliament are not taken into account. Here are a few power decentralisation by the first law of the new examples: the opposition has proposed 600 amendments Parliament. We need to develop local government, to the Law on Local Elections, 6 000 amendments to the enable local government bodies to take maximum Tax Code (including from government representatives), responsibility. Finally, we need to allow them to make among them zero was taken into consideration. mistakes. There is degradation, rather than progress without making mistakes, their recognition and After the Tax Code was adopted, 245 000 businesses corrections. The Verkhovna Rada will never admit its have been destroyed. Today, they no longer operate. I mistakes. Even the revocation of the libel law will only am a private entrepreneur myself and I have been out of draw attention away from the “land carve-up”, the Law work for a year and a half, until the Tax Code was on the Land Market. They introduced a bill on libel and amended in 2012, allowing small businesses to start all the media and the public focused on its discussion. their activity. It all demonstrates the attitude toward the proposals offered by the public and opposition. Media is currently ignoring the issues of regional significance, in order not to lose advertisers. They And if the opposition is not able to represent exclusively focus on scandals to increase their ratings. the interests of a large part of the society, if it is Nobody wants to consider complex issues such as: disregarded in the Parliament, it goes out to streets housing, public procurement legislation, local government, and changes the parliamentary methods of work to an territorial organisation of power and so on. Nobody, extra-parliamentary one... including the oppositional 5th Kanal (5th Channel), is eager to cover such issues. This is a huge problem, since As for the public mood we may witness a watershed only the transfer of attention from “language” and similar moment. If the number of people disappointed with the issues to local government is the only way to save the current government and the situation in the country as a country.  whole (at that time 65% of citizens believed that things were moving in the wrong direction) had been increasing by April 2012, now this number has decreased and MUCH DEPENDS ON DIGNITY makes about 55%. It means that social initiatives OF DEPUTIES TO BE ELECTED announced by the President, the adoption of the language law as the fulfilment of election promises allowed Victor Yanukovych and the Party of Regions to regain the support of voters and increase their rating. The ambivalent consciousness of our voters determines their attitude to parliamentary candidates. On the one hand, cynical, pragmatic and consumerist attitude prevails: if during the previous elections everyone expected that something would be given, today everyone demands for it. And there is no other way to perceive Ihor ZHDANOV, parliamentary activity. President of Analytical Centre “Open Policy” On the other hand, the situation with TVi Channel showed that people were eager to support those things that until recently they had considered as completely I have a feeling of returning to early 2000s. abstract, but when the Channel was closed, people began Then the Razumkov Centre prepared two reports on to protest and even transfer money to support the channel. parliamentarism and opposition. Current estimates and estimates of that time are almost indistinguishable. Back It is obvious that after changes made to the electoral then we talked about the crisis of parliamentarism, system the next Verkhovna Rada will be different. the poor performance of its functions by the Verkhovna The proportional part will be a kind of prototype Rada, first of all it concerned supervisory functions. and a model of voting in the first round of presidential And today the situation is the same. elections, and most majoritarian representatives will represent one or another political party taking into Meanwhile, after the presidential elections of 2010, account the results of political parties contesting on a the Parliament had a chance to survive as a full-fledged proportional basis. parliamentary body, because under the Constitution of that time the government did not resign after the Further changes to the Constitution are likely to be election of a new president and the coalition was made. In particular, it refers to the presidential elections formed on the basis of factions, rather than individual in the Parliament. This could be the case, but on one membership. However, following the decision of the condition that the powers of the President shall be such Constitutional Court and tailored solutions taken by the as they are in parliamentary republics. Let us take, for parliamentarians, we “have what we have”. During the example, Germany, where the President has virtually period of 2010-2011 we saw how at first the Parliament no influence, but performs purely representative, was turned into a branch of the Presidential Administration ceremonial functions. If the society and political and then the so-call constitutional “anti-reform” was forces are offered a model where those powers, which made through pseudo-legal methods (court decision). Victor Yanukovych currently has, are preserved, the We could see that the Party of Regions had the only presidential elections by the Parliament will be absolutely one task that was to limit the role of the Parliament unacceptable. and to establish a vertical power structure. Nowadays, we obviously need to strengthen the Unfortunately, the perception of the opposition during parliamentary system, strengthen the supervisory function the late years of Leonid Kuchma’s presidency and the of the Parliament and reduce the President’s powers, early years of Victor Yanukovych’s presidency has been which now comprise the appointment of all 490 heads virtually identical. The suggestions of the opposition in of district administrations.

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I am convinced that much depends on the dignity of law is written in such a way that some members of the the deputies to be elected, on whether they will manage to Verkhovna Rada are appointed by the President, and defend their own interests as parliamentarians, the interests others are appointed by the Parliament. Clearly, all of of the Parliament and parliamentarism, and ultimately the them get appointed by the President through an obedient interests of the state and society as a whole.  majority in the Parliament. This body is not controlled by the Parliament. THE PARLIAMENT WILL FACE DIFFICULT TASKS, Equally, there is no real parliamentary control over NAMELY, TO RESUME THE ROLE, POWERS law enforcement agencies. And we know really well AND FUNCTIONS OF THE VERKHOVNA RADA the way in which security forces participate in the election campaign. Some agencies (such as the Security Service of Ukraine) have been legally withdrawn from the parliamentary control through this pseudo-reform. We should call a a spade: today the elections are being controlled by one man, the President of Ukraine. The international community is closely Mykola KNIAZHYTSKYI, watching the elections, since no political force other Director of TVi Channel, than the Party of Regions exercises such control over Candidate for a Member of the electoral process. Parliament of Ukraine representing That is why the next Parliament will face very the All-Ukrainian Union serious tasks, namely, to resume the role, powers and functions of the Parliament. Again, I would like to “Batkivshchyna” note once again that the majoritarian representatives will suffer from an extremely high political pressure. Like all the journalists, I have been paying attention The only hope is that all opposition forces will have to what is happening to the Ukrainian Parliament. After a critical mass of people not related to the current the so-called “judicial reform” the judicial system has government and not involved in the destruction lost its independence. After the “parliamentary reform” of parliamentarism. They will be represented in the the Verkhovna Rada has lost influence and we can no Parliament and will be able to control the executive longer say that Ukraine has a full-fledged parliamentarism, branch, as well as what is happening in the country. there is a kind of parody, quasi-parliamentarism. This is the most important task of the next composition It is rather difficult to change this, because in the of Parliament and a common challenge for all democratic absence of the judiciary system, Members of Parliament forces. I hope, the Verkhovna Rada will consist of elected in majority constituencies, regardless of their 150 representatives of the democratic forces that may party affiliation, will feel pressure from law enforcement join a dialogue with the democratic world and change system. Many of them are businessmen, and they will the current situation. Otherwise Ukraine will not have join the majority to retain their business, thereby any prospects.  preserving the current state of affairs. As for the media there were several reasons for THE FUTURE PARLIAMENT the pressure on our channel. The first one is that we are WILL BE A MAJOR PLAYER not under the control of the authorities. Representatives of various political parties are invited to various channels such as Inter and the First National, and 5th Kanal, talk shows with Savic Shuster and Yuriy Kiselov, they are being spoken about in the news. The International Renaissance Foundation together with these channels announces various actions aimed at controlling unbiased news. But no channel except for TVi has been carrying Viktor NEBOZHENKO, out serious journalistic investigations on corruption. Director of the Sociological This is the second reason. And how can voters evaluate the actions of the current government if there are Service “Ukrainian Barometer” no investigations on corruption observed in election constituencies? Recently in one of the districts, while A very interesting future is ahead of us. Today, we communicating with people, we saw a pro-government observe a kind of “cold war” between the government candidate putting patches on the roads and writing his and the people. And we should not lie to ourselves name on each of them. Such actions have assumed that the government is winning. The citizens have funny forms, and nobody is able to say whether it is a lost, Ukraine have lost. But on October 28 everything bribe or not. Who pays for this? Is it the budget money will be over, and we will be watching yet another (as it is the case in Odessa, Kharkiv and other cities) or “Brazilian-Ukrainian serial” with relief, where the private financing? Where do they get the money from? government will be suffering and the opposition, by the No other channel brings up these issues. way, will still be searching for its role in this “serial”. The elections cannot be fair without media control. Whatever we say, Ukraine is in crisis and it requires Why does not the media provide for public control? changes. Soon we will have the new Parliament. No The Parliament should be overseeing the independence matter whether its composition will be better or worse, of regulatory bodies, including the National Television but it will have new people. The situation with the and Radio Broadcasting Council of Ukraine. But our majoritarian representatives is not easy, they need to

98 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ROUNDTABLE DISCUSSIONS deceive both the population and the government, these people will enter the Parliament and it will be very THE LAW MAKES IT POSSIBLE difficult to control them. TO CONTROL THE ELECTIONS AND THAT SHOULD BE APPLIED The crisis continues. There is a sharp decline in the prestige of the presidential power while authoritarian trends are increasing. In addition, geopolitical isolation is growing. The thing is that most members of the new Parliament will not objectively be ready to work in opposition, but the new Parliament will remain the center of attraction for all democratic forces. This is the only place where new political leaders will be brought up, or, at least, the old ones will have to catch up. Objectively speaking there will be a conflict between the President Oleksandr BARABASH, and the new Parliament. Vice-President of the Association of National First of all, we have moved on from oligarchic capitalism to a “family capitalism”, which does not Deputies of Ukraine need any Parliament, because the Parliament will not be able to accommodate so many relatives and friends. The fundamental task of the electoral process is to Even the South Asian countries cannot make it. ensure transparent, fair and democratic elections. If the elections are not held this way, then the problem of the Secondly, we do not feel it yet, but in half a year declaration of the voters’ will becomes a problem “in we will start talking about that the “new” Parliament itself”, i.e. the will of the voters is one thing, but the is “younger” than the “old” President, and one and the result of the elections in the records is another one. same political and economic decisions will be differently perceived by the “young” Parliament (that will be The course of the current election campaign is careful, because it will not want to be dissolved) and the worst of all elections (I have participated in the the President, who is already “on the counter”. elections holding several statuses since 1989). It is a very bad feature. Unfortunately, I was wrong saying that After October 28, the next phase, associated with that everything would be as usual. It does not concern presidential elections, will start. Immediately, there will traditional problems with buckwheat or repair works be a conflict related to the appointment of the Prime mentioned in the previous speeches. The situation Minister. Roughly speaking, the conflict will involve was the same 22 years ago. It will be somehow even Pomidorov, Arbuzov and Yablochkin.1 It is already romantic to fight against it. Such phenomena are observed obvious that the new Parliament will be divided over at all elections, including the elections in democratic who supports whom. And it will be a serious issue, countries. For any voter his/her own problems are the because it will also involve serious people. They will most important (in different variations), rather than respect the experts, appear at their events. They will miss abstract programmes of the parties and their abstract out only on the trip to Mizhhiria. The situation with virtues. the Cabinet of Ministers will not be easy either. Issues of fairness and trustworthiness of the elections, The logic of the current authoritarian regime treatment of the laws are too acute, as the price of these requires constant destruction not only of local elections is very high. This is, firstly, a high political government, not only of the Ukrainian bureaucracy and price. Today, more than ever the country faces a major oligarchy, but also of higher institutions. Therefore, the issue of civilisation choice. And, secondly, there is a huge Parliament will have to become the epicenter of the concentration of capital, and capital lives by the objective conflict. And despite the constitutional coup that led us law. This law was formulated by Karl Marx in the ХІХ to a presidential republic of 1996, the Parliament has century: “Capital eschews no profit, just as Nature become a major player and all the contradictions was formerly said to abhor a vacuum. With adequate will be resolved there in particular. In this situation profit, capital is very bold. A certain 10%, will ensure the President will come to a sad conclusion that a lot of its employment anywhere; 20%, certain will produce money and effort have been spent on all-out falsification eagerness; 50%, positive audacity; 100%, will make that have not justified itself, and that something should it ready to trample on all human laws; 300%, and be done with this Parliament.  there is not a crime at which it will scruple, nor a risk it will not run, even to the chance of its owner being Roundtable, 26 September, 2012 hanged”. It seems that we have approached the stage where capital, ignoring the laws, is ready to commit crimes. In some districts we are confidently moving to the next stage. Unfortunately, the sign of this dangerous trend is the participation of higher state bodies of Ukraine. I mean the following. First of all, on November 17, 2011 the Verkhovna Rada passed a law which not only retained the unique anti-democratic and unconstitutional system of closed party lists, where the voters were actually brought to bit players, but also left a lot of gaps for its “creative” application. Secondly, the Constitutional Court divested 400 000 of our citizens abroad of the right to vote under its entirely unreasonable decision. 1 The author gives random surnames, implying that several political figures will compete for position of the Prime Minister.

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Thirdly, the CEC, unfortunately, is more a generator of certain trends, rather than a defender of fair and transparent PESSIMISTIC EXPECTATIONS elections. They are the following: (a) the formation of OF THE CITIZENS SEEM TO COME TRUE constituencies, which formally took place under the law, but there were a lot of little complaints in terms of feasibility, rationality and common sense, (b) there were no polling stations in pre-trial detention centres (for about 30 000 voters), health centres (where on October 28, 100 000 people will have a holiday), (c) during the registration of candidates the law was reasonably applied (people were divested of their right to be elected having missed one word in the application), (d) the procedure for the formation of DEC and PEC proved the intentions of the CEC to promote unfair methods of the election campaign. Olha AIVAZOVSKA, Chairman of the Board It is appropriate to cite a famous phrase by Vladimir of the Civil Network “OPORA” Lenin: “...formally correct, but essentially sheer mockery”. In other words, a random draw was formally held under the law, but in essence it was a legalised fraud. Within the framework of the monitoring campaign I am amused by the statement of the press centre of I have to travel a lot around Ukraine. While being in the CEC, made in a form of “our response to Curzon”, one very large eastern region, I was able to talk to some stating that the “warlike” experts speak ill of the CEC, politicians who in informal communication informed but the voters understand everything. The very fact of about the results of the internal (headquarters) sociology, such a statement indicates that the CEC realises that inaccessible to the media. In this region, with more their explanations look rather funny. The procedure than 20 constituencies, the candidate from the political takes about 40 minutes for one district, and if you hold force, which has virtually monopolised electoral support it for 225 districts, it would take more than six days, in the region, has the highest rating in the majority and they would not manage to make it in time. It is constituency. strange to hold a random draw for 40 minutes in the st He has not been a politician before; he has only 21 century! There is computer draw, a random number recently emerged in the political realm. His surname generator that could do everything in two minutes. There is well known and he has the highest ranking in the are drawing devices that will do it in three minutes. And region. This happened because the candidate has come instead of spending billions on web cameras, we could before voters with no negative rating. He has not done have purchased drawing devices spending several tens anything because he was out of Ukraine in recent of thousands and held a random draw. years, but returned to voters with gifts and lots of promises. The same feature was typical of a random draw held The regional centre sends new vehicles to this for district election committees, when just a few days district and carries out a lot of other things. The voters’ before the deadline to submit the candidates the CEC response is corresponding, despite the fact that there are changed a draw procedure, applying a “creative” method other districts where candidates use the same methods for the formation of district committees. For example, for a long time, but a brand of political power, which has over seven parties of the electoral process submitted absolute support within this region, is winning. candidates to the election committees in the district No.222. There were the parties amount them I have never heard Therefore, the expectations of voters, unfortunately, of before. But they (about 30 parties) are submitting their are different from what the experts hope them to be. candidates to all election committees! Besides the expectations of voters are to some extent the result of political degradation and total rejection of each If this tendency is not opposed with massive other by politicians. We have to admit it and talk about resistance, we will approach the stage, summing up it. If we want competitive, fair and democratic elections, the results of the voting, when there is no crime to stop we have to speak during the election campaigns not us. This is currently happening in many constituencies only about the procedures or specific proposals in the in Kyiv. Here are a few examples. We may observe a programmes, but also give voters information on what completely unnatural flow of voters in the constituency each Member of Parliament could provide them with. No.222 in Solomiankyi district. It is a good thing that the CEC has stopped it. There was a fact of brutal beating The voters may actually want more than what is of a trustee of one of the candidates and an attempt to being offered to them (TV tuner, food or a playground) burn his car. There were a lot of attacks on the points but they are unaware of it. As the case might be, we disseminating propaganda materials of some opposition have sociological data being constantly published by candidates. The court in ensuring the appropriate action the Democratic Initiatives Foundation, including the obliged to include the property and agitation tents in the expectations for fair elections. These expectations as asset list of another candidate. Although the following usual are extremely low. We have to admit that an overall day the court overturned this absurd decision, it still left “pain threshold” as for the elections is very high, i.e. a bad taste in mouth. nothing can virtually surprise the voters. Today, there are a lot cases like this, and the greater As for the election campaign, there is a situation the concentration of capital in the districts is, the greater that the procedural part of the electoral campaign has the danger is that when summing up the election results two dimensions. The first dimension involves huge we may face the cruellest and the most cynical methods. investments in the elections, video monitoring, early First and foremost, I appeal to the candidates and political invitation of international missions, etc. It is all good. parties. Fate and fairness of the elections are in their However, the electoral process has actually started last hands. The law makes it possible to control them and it year, and the first negative step made was the adoption of should be applied.  the Law on elections, to be precise – the content of this Law.

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Although it was made legitimate by the constitutional are transitional and unlikely to affect the situation in majority, we all know the way it happened and we also the near future. We understand that today our society is know that the document submitted to the Verkhovna disillusioned and apathetic. Rada differs from the one that the experts, the Venice Commission, IFES and others had seen. We can say that Unfortunately, we should admit that a distinctive electoral tensions started to appear since that time. alternative to what is happening in the country has not been offered yet. Even if the Parliament has the majority or Another question is constant improvement of this Law a certain number of Members of Parliament in opposition by the CEC. In general, the first draft of technical changes, who will not let the Party of Regions and its satellites which was offered but was not adopted due to political monopolise the political process, the situation will not fear, is a big disadvantage, especially for the opposition. change much since our Parliament does not decide on A lot of technical issues, which we are now starting to anything, especially after the “anti-reform” of 2010. see, could have been removed. The acts committed step by step by the CEC indicate that its resolutions establish The Parliament can be seen as a kind of tribune or a new legislative regulations that sometimes contradict the catalyst of politics that should be implemented “on the Constitution. This often goes overlooked by the public, streets”, rather than in the Parliament, as parliamentary experts and the media. politics in Ukraine has been destroyed and these elections are unlikely to restore it, at least in its fullest form. The second dimension is related to the fact that due Elections can only restore a certain political process, to political expediency civil rights are being violated, abolish the monopoly of one party, create at least some namely the ban on a temporary change of a voting address effective competition in the Parliament, but the main (in fact, today it can be done only in a single-member politics will take place on the streets. constituency). The overall logic is not clear. There is the citizens’ right to vote and in order to neutralise the actions In this context, legitimacy of the next Parliament is of several candidates within Ukraine currently abusing the key issue. It is clear, if it is absolutely illegitimate, the right to a temporary change of a voting address, we as its predecessor with the majority represented by the happen to deprive honest citizens of their right of choice “party-switchers” and established on the basis of political but do not punish those, who abuse their power and corruption, then we should forget the fact that there was should take responsibility according to the Criminal Code an institution called “Parliament” in Ukraine. Then, we (Articles 157). should realise that we need to move to a completely different control methods and think of completely different The principle of a random draw of the office in all methods to change the political regime in Ukraine. 225 district election commissions raises the level of political and social tension more than up to 100%. It is As for the majority constituencies, the situation is not clear what is the reason to use radical methods to contradictory. On the one hand, it enables to fill the bring technical parties to the majority in the election Parliament with a “new blood” by bringing people with commissions, if there are serious advantages of certain strong personalities, not just lovers, drivers, guards political forces in a huge number of districts. It is obvious or masseurs. But on the other hand, we understand the that there is no ability and desire to work in a different methods currently used in majority constituencies, way. which are being transformed into platforms to promote “moneybags”, “buckwheat providers”, or persons under Competitive nature of elections has been partially someone’s patronage. provided, but instead of being consisted of equal opportunities for candidates to have access to their voters As for the new electoral law, this law is absolutely or the media and of equal attitude of the government ridiculous. The law has preserved closed party lists, which to the candidates, the political competition has been is a political anachronism unacceptable to a democratic demonstrated on the street, in hand-to-hand fights near process. This law promotes “oligarchalisation” and the tents, in quarrels between the candidates and their political corruption. It creates conditions for falsification. representatives. But we will not see this competition in the In particular, there is a valid regulation that the party, which election commissions, courts, media, during the debates, has nominated at least one majoritarian representative in etc. I think, the citizens’ expectations are about to come at least one district is entitled to submit candidates to the true, and these expectations are very pessimistic.  district election commissions throughout Ukraine. And these parties win a random draw and submit candidates THE SOCIETY SHOULD BE PROVIDED to all district commissions. That is a complete nonsense! WITH AN ALTERNATIVE FOR THE FUTURE How such a law containing such a paragraph, which obviously opens the way for corruption and falsification of the parliamentary elections, could be voted for. The law also stipulates that a person can vote for a majoritarian representative not in his/her district. Why could not they write that a person can vote only for a party list not in his/her constituency, while losing the right to vote for a majoritarian representative? How can Andriy ILLYENKO, a person who does not live in the constituency, vote for Deputy of Kyiv Regional Council, a majoritarian candidate? It is good that this regulation Candidate for a Member of has been somewhat differently interpreted. This is a great Parliament of Ukraine representing victory. We had been “screaming” about this inadequacy everywhere. If there had been such a regulation, no the All-Ukrainian Union “Svoboda” candidate from the opposition would have won in Kyiv, and it is not only the constituency No.222 or my We are realists and we understand that we should not constituency No.215 with a trade network “Epicentre”. be expecting anything special from the next parliament. In that situation ten, twenty, thirty thousand of people Everybody understands perfectly that these elections would have been brought to each constituency, they

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would have arranged a kind of “merry-go-round” around the opponents as yet. It has been rather exploiting these Kyiv and pro-government candidates would have won consumer interests and distrust moods. And the opposition, in the capital. so far, has failed to find an adequate response. It has put forward radical slogans, which a lot of opposition-minded Thanks to the efforts on behalf of the civil society voters do not believe in. They share the opposition’s and some political forces this provision was cancelled by critical attitude toward the government, but do not the CEC. I am a majoritarian candidate, I work daily in believe that the opposition will stop it. Here, we should the district and I have held about 200 meetings with people and I can talk about the mood of voters in Kyiv. think how to overcome this barrier of alienation and Today, only the direct communication and personal distrust and mobilise the opposition-minded voters. contact with people can win back the voters’ trust. Indeed, One should also note that the parliamentary elections the levels of apathy are disastrous and the opposition are related to hopes for a political change both in the electorate is potentially the most disappointed – it will not country and in the Parliament. The only question is how vote for the Party of Regions, but at the same time it has to make it happen. become disillusioned with the opposition, too. It is good that the “quantity” of distrust has not been transformed I share a pessimistic attitude toward the election into “quality” yet. People believe that they mean nothing programmes and expectations associated with them. The to us [politicians], that we are unwilling to do anything, parties are now responding not to the interests of voters, etc. but rather to their moods as well as to some political myths. Unfortunately, there are no attitudes as such But just as nature abhors a vacuum and so does the related to stable interests of different social groups. society. There will be some explicit response to a huge There is an interest in improving life standards, which request for systemic changes in politics. Everyone the ruling party is using, and as for critical attitudes, understands that we must fundamentally change the they are somewhat abstract and they still have to be system. But the politicians have not worked out this focused. And there is a positive component in the political alternative for people to be ready to believe in it today. myths, including the new force, renovation of Ukrainian We, the opposition, should at least not lose. We cannot politics in particular, but it also displays itself in a rather allow dramatic falsification, political monopoly of deformed shape. Candidates in the majority constituencies one party in Ukraine. And then, we have to serve the are just playing on instincts of voters, including the example how to be different from the government and consumer mood, which is so much spoken about. provide the public with an alternative for the future.  As for the electoral system, its change has a somewhat contradictory impact. On the one hand, we POLITICAL WEIGHT OF THE should understand and remember that the renovation of PARLIAMENT SHOULD BE RESTORED a majoritarian component was a response to the request of the society. About 40% of the citizens stood for the return of the majority component of the elections restoring communication with regional interests. The Ukrainian parliamentarism also requires it. On the other hand, what form should it take? They have done in such a way that provides the ruling party with certain privileges and bonuses and neutralises its dropping rating. And the negative features of a majority component have come to Volodymyr FESENKO, the surface. Chairman of the Board of the We clearly see that the excessive use of administrative Centre for Applied Political resources will be particularly observed in majority Studies “Penta” constituencies. And they show more conflicts, more dirtiness, and sometimes blood. A picture of “dirty The main issue in the analysis of situation surrounding elections” will be formed due to majoritarian constituencies. the elections is the public mood. We observe a mixture We should think how to get rid of this in future. Many of distrust, scepticism, and critical attitude to the experts believe we should search for a flexible legal government and at the same time consumer mood mechanism. We are talking about the system with open based on a principle “something is better than nothing”. party lists, which at the same time will take into account The consumer mood and unwillingness to participate both territorial interests and a personal factor. in the elections were caused by an absolute distrust of The ruling party will use a mixed electoral system in government and the opposition. its own interests and most likely with the help of However, there is still some hope remaining that the majoritarian representatives it will be able to form situation will change. It is very important for political a new parliamentary majority. But this new majority is parties to choose the right strategy and tactics by taking unlikely to be as stable and sustainable as the current one. into account mixed public moods. Today, we observe And it is a relatively positive feature of a mixed electoral the elections as a big game of promises – in which a lot system. of voters still happen to believe – as a great show with Generally speaking, the problem lies not in the gifts and totes. Some parts of the society are pleased to electoral system as such, but in how the electoral participate in this show. Moreover, certain day-to-day system and electoral technology work. For example, interests have chances to be realised within the framework a random draw is allegedly democratic procedure, of the election campaign. but how is it used? And this is a question for the It is important that the elections have reduced legislators of the next Parliament. A random draw is political tension. The government has not won against necessary to be defined in a legal manner to work as

102 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ROUNDTABLE DISCUSSIONS a democratic procedure, rather than a procedure to manipulate the democratic process. THE ELECTION RESULTS SHOULD BE UPHELD TOGETHER As for the future of Ukrainian parliamentarism, we should be honest: crisis of Ukrainian parliamentary has not started in 2010, it started much earlier, and one of the factors of this crisis is the system of closed party lists, which turned a majority of deputies into ordinary “button pushers” – when the work of the Verkhovna Rada depends on several dozens of members, all others do not affect Yevhen SUSLOV, the process. And the party lists were compiled under the leaders’ will. The criteria of deputies’ professionalism, Member of Parliament ideological grounds were not always taken into account. of Ukraine, Candidate for And now this “disease” has survived because of the a Member of Parliament of proportional component of elections. Ukraine representing the party Another important factor is irresponsible attitude of “Ukraine – Forward!” parties and their leaders to parliamentary work and activities of the factions and deputies. It is shown by Travelling around Ukraine, actively talking to people, the example of the ruling party. How could one possibly I concluded that we are still not ready for the elections ignore parliamentary duties? This is not a norm, and in majority constituencies. The problem was that our there is no response to it! I am having mixed feelings society, the public are not prepared for a proper evaluation toward the work of the civil movement “Chesno” but and election of candidates. I mean, first of all, the the information they provide and their criticism must evaluation of their legislative work rather than financial be responded to. However, in many cases, there is no capacities and financial assistance. reaction, especially when it comes to blatant violation of parliamentary duties. One of the examples is the attitude When visiting a presentation of the Civil Movement toward voting with cards of other deputies. Only when “Chesno”, my attention was drawn to the fact that the most the public raised this issue, it was responded to. Even the important criterion for evaluating each member of the opposition suffers the same “disease”. I hope, the next Parliament of the last convocation was its professionalism parliament will begin to cure this “disease” as well as as a Member of Parliament, i.e. his/her legislative initiatives, many others. positions which he/she defended in the Parliament, therefore his/her parliamentary work. This is the most important However, the revival of the Verkhovna Rada’s factor, and other merits are secondary. People have to powers is not enough to overcome the crisis. I would evaluate a deputy’s own opinion, rather than how regularly like to remind you that in the late 1990s and early 2000s, he pressed the button to vote. So the deputies need to the situation in the Parliament was not perfect, but the communicate more with people and offer a quality selection Parliament was much stronger and more efficient, even of both political parties and majoritarian candidates. under the Constitution of 1996. It was more independent. And it is a challenge for all political parties and members of There is a tricky situation in majority constituencies Parliament to restore the political weight of the Verkhovna today, especially in Western Ukraine, where the opposition Rada, rather than rely only on changing the Constitution. holds a rather strong position. “Weak” candidates are deliberately nominated in this region. It is obvious they In my opinion, in this situation the main task is not took part in the election campaign just to participate in the only to make political changes but also to radically electoral process rather than win and represent a majority change the patterns of Ukrainian parties’ behaviour and in the Parliament. individual members of Parliament. Without changes, the credibility of the Verkhovna Rada of Ukraine will not be In order to change the government it is necessary restored. But restoring the credibility of the Parliament is to ensure a democratic majority in the Parliament. not only the “treatment” for Ukrainian parliamentarism, Competition should be fair. We, on our part, are really this is a “treatment” for the government in general. If we trying to show people new faces, show politics of a new do not change the government as a whole, nothing will quality. happen to Ukrainian parliamentarism.  Protection of votes is turning into a huge problem. Everyone is convinced that there is no opportunity to Roundtable, 26 September, 2012 defend voices because everything has been decided beforehand, whatever choices of political parties are made, and the result is already known, etc. This is the greatest danger, so by October 28 all the political forces and the majoritarian representatives have to do their best for a voter to come out and vote. This is especially true of Kyiv and big cities, where it is much harder to motivate and make voters come to the polling stations. I am convinced that if we all gather together and defend the election results, we will be able to assert them. I have been to the village of Hvizdets, near Coloma recently. I was surprised that a community of people gathered together and built a community centre there. The whole community from 15-year to 90-year-old people took part, they did it free of charge, as they understood that they were doing it for themselves. They build a centre of high quality with health department, library and gym.

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We should understand that the elections are held Being an expert in social policy, I can say that not for someone, they are held to unite and change this there was a similar situation with the pension reform. system. It is important to decentralise the government Nobody denied that pension reform should be carried out and give the opportunity for local government to develop. preferably as soon as possible, but not in a manner it was The system should be changed. If you want, you can held by the Government. The issue of retirement age change everything.  could be debated, but the increase in pensionable service from the very start looked disastrous for future pension system. But nobody wanted to listen to scientists and experts. THE INFLUENCE OF CIVIL SOCIETY ON They just made members of Parliament change their POLITICAL PROCESSES TODAY IS QUITE HIGH opinion and “dragged” the pension bill to the debating chamber. And what do we see today? There are registered submissions both from the deputies from the Party of Regions, and from Mr Lytvyn calling for a return to the previous pensionable service. This is a good example showing the quality of a law-making process! Pavlo ROZENKO, Thirdly, this Parliament does not work for the benefit Leading expert of the Razumkov of the country. A striking example is the ratification Centre, Candidate for a Member of Kharkiv Agreements, the adoption of legislation on of Parliament of Ukraine language, joining a free trade zone with the CIS countries and others. It is obvious that a vector of our Parliament’s representing the party “UDAR” work is more eastward looking rather than pro-Ukrainian. Today, the highest legislative body defends the interests It would be probably wrong to say that the Parliament of a small group of people in power rather than national has lost credibility only in recent years. I have had the interests of Ukraine. opportunity to work in the Parliament since 1994 and I see It is likely that the next Parliament will be different. how the Parliament and each Member of Parliament have I agree with all the criticism and comments on the been losing their credibility since then. current Law “On Elections of National Deputies of The Constitution of Ukraine stipulates the name for Ukraine”. I think the biggest mistake of the opposition the Ukrainian Parliament. It is the Verkhovna Rada of was that it supported changes to the electoral system and Ukraine. But what is placed inside the building No.5 at the amendments to the electoral law. This is a significant does not conform to this combination step backwards. However, there is a high probability that of words according to its content. Firstly, it can no this step will be two steps forward in terms of the fate of longer be named Verkhovna (Supreme), because today parliamentarism in Ukraine. no resolutions are adopted in the Parliament. Before The obvious positive moment of this situation is the start of each session of the Parliament, a certain man that the composition of Parliament will not be monolith. (everyone knows him) gets a piece of paper, where plus There will also be no monolith political party or faction. or minus is put, and then, according to the wave of his There will be a factor of party interests (it is proportional right hand, all the voting is made. The Verknovna Rada part), as well as rather serious factor of majoritarian does not pass any resolutions – it is done by the man who representatives. Because each Member of Parliament, puts plus or minus. elected in the majority constituency, will have the need to Our society understands everything and is getting contact people, look into their eyes and explain the logic more and more disappointed with the Parliament’s of their actions in the Parliament. One thing is to vote for work. We all understand that basically only two deputies the pension reform, being in the Parliament by reason of should be left in the Parliament, namely Volodymyr party lists and the other thing is when you need to go to Lytvyn and Mykhaylo Chechetov. The first will stay the electoral constituency to look into the people’s eyes to announce the agenda, the second will signal “for” and explain them why you have voted this way. or “against”. Then the chairman will just sign these resolutions and submit to the President. I would not make forecasts as for the short life of the next composition of the Verkhovna Rada. Mixed electoral Secondly, the Parliament is no longer a rada (council). system will prevent its dissolution. It was easier for Victor Expert debate on this or other issue has virtually Yushchenko to dissolve the proportional composition of disappeared in the Parliament. There is neither debate Parliament and to convince the Members of Parliament among the Members of Parliament, nor contact to run the elections because there was a guarantee for between parliamentarians and representatives of civil them to be elected through party lists. It will not be easy society, scientists and experts. There is some discussion to convince a majoritarian representative – who may not still happening at the level of committees, but we cannot have exerted any efforts to win the elections – of the need say that these discussions influence the final decisions to go through a new round of majoritarian elections, given adopted in the debating chamber. than these three months of pre-election campaign were a The lack of such cooperation and nullification of tremendous stress for every majoritarian representative, the main principles of the Parliament’s activity such as even in the Donetsk region. Whatever we say: that the debate, search for consensus or compromise adversely government works for them, that there is budget funding, affect the quality of the approved bills. Let us consider that all the possibilities are created for them, but the the Tax Code as an example, which was adopted almost whole process is still destructive to their nerve system, without debate, but until now about 1000 amendments health in general and requires a huge flow of money from have been made to it. their own pockets. I do not think that in two or three years

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these “wounds” will heal and a majoritarian representative The reason is falsifications. We see that very will be ready to participate in early elections. Mixed massive falsifications are being prepared today, when system gives high chances for the new composition parties, which will get less than 5% of votes all together, of the Parliament to complete its constitutional term. control most of the compositions of election committees. There is no doubt that much depends on the outcome Such things have never happened anywhere before, and of the elections. In my opinion, all the democratic and this is not a mere coincidence. There are technical means opposition forces in the near future should demonstrate by which it is possible to falsify the election results the ability to compromise, especially on approval of nationwide. However, the opportunities for falsification candidates in single-member constituencies. The better are not limitless, as the events of 2004 had shown it. they do it, the better they show whether they are able to I think, the reasons are even deeper-rooted and lie in work in the future Parliament and consider themselves to the fact that those occupying leading positions in the be professional politicians. opposition, have failed to show voters a new quality I also hope for an increased pressure on members of Ukrainian politics. This was quite evident at the of the future parliament from the civil society. Many time of announcing the party lists – those whom these people criticise the movement “Chesno”, but everyone parties nominated in majority constituencies. The united was very interested to learn that the current composition opposition (and to a lesser extent “UDAR”) deliberately played on giving way to the government in most of of the Rada consisted only of two or three members of majority constituencies. This refers to the nomination Parliament who have voted only in person since its first of candidates who are quite decent, but have no day. And thanks to this community initiative, I hope that organisational and, above all, financial capacity to win the next composition of the Verkhovna Rada will have elections. I think this is the main reason explaining the at least a hundred of deputies voting in person. This is feeling of being doomed. a good example of public influence on the situation in the higher echelons of power. Today, the influence of We propose using democratic mechanisms to nominate civil society on the political process is quite high and it candidates – that are in force not only in the US, but should be increased, because it can and will produce also in many countries of Europe from Britain to Italy – concrete results for concrete issues relating to the to overcome this situation. If the opposition in Venezuela country’s life.  during the dictatorship of Hugo Chavez was able to apply the procedure of primaries for their candidates, then why is it not possible to apply it in Ukraine? APPLYING DEMOCRATIC MECHANISMS The answer to this question is that the party leadership – TO NOMINATE CANDIDATES the leaders of the opposition – prefer to nominate candidates in a covert manner. But the last chance for democratisation has not been lost yet. We have a chance to withdraw candidates before October, 16. This means that the leadership of the United Oleksiy KLIASHTORNYI, Opposition and the party “UDAR” would have to agree Chairman of the Central to hold primaries in key districts before this date. Coordination Committee of However, sociological data make party agreements All-Ukrainian union legitimate at higher levels. And it shows that under “National Solidarity”, such a pessimistic scenario we will again get the old quality of politics and not only on the part of the Public Committee government but also the opposition. According to this “People’s Choice” scenario the only intrigue of the upcoming elections would be whether the All-Ukrainian Union “Svoboda” will go We promote the idea of holding primaries, which to the Parliament and whether there will be at least one we have already organised in the Ternopil region, in truly new element in the new Parliament.  Kamianets-Podilskyi and which we are currently holding in Kyiv region. THERE ARE NO REAL CONDITIONS Pessimism prevails in this discussion. Instead of FOR FAIR AND DEMOCRATIC ELECTIONS discussing whether positive expectations of voters, our discussion is focused on the topic whether negative expectations of voters will come true, whether a miracle happens and the most negative expectations will not come true. To some extent, I share the view that the reason for this is the decreasing role of parliamentarism as such. But we have a chance to change the situation with these parliamentary elections. If, in fact, we bring a new political majority to the Parliament that follows course Mykola MELNYK, other than the course of President Viktor Yanukovych, Research Fellow of the role and influence of the Parliament would be the Razumkov Centre fundamentally different. If people did not think of an adverse scenario, did These elections will not be free, fair and competitive, not deem the outcome of the parliamentary elections as since there are no real conditions for such elections in predefined, and did not consider the current political Ukraine. Extremely high level of corruption, levelling configuration as unchangeable, such pessimism would not of the principle of separation of powers and actual prevail. Both citizens and experts are feeling doomed. concentration of power in the hands of the President, the

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lack of an independent court system and politicisation Meanwhile, all detected violations should be of law enforcement agencies are the negative factors recorded and made public as far as possible. In this eliminating the possibility of such elections. respect legal services of the parties should do their best. Today, we are discussing the situation that the Widespread dissemination of information about their government began to model these elections during the violation may lead to its neutralization to some extent. adoption of the new Law on elections in autumn 2011. Public response to the running mechanism of “election In my opinion, this happened even earlier, when it has migration” in certain districts in Kyiv and Kyiv region unconstitutionally formed the coalition of deputies stopped the “electoral tourism” and forced the government fractions using party-switchers, introduced the so-called to “back off”. Clearly, the government did this not “judicial reform” and “abolished the constitutional reform because such manipulations contradict legal and of 2004” after the resolution of the Constitutional Court. democratic principles of elections, but because the These three key events determined further development electoral losses for the ruling party would be sufficient, if of the country and gave its current administration the not to neutralize these processes in some districts. Besides, opportunity to present a model of the next elections at fear of negative reactions on the part of the international its own discretion. community also happened to be the reason for this. It is also important to ensure effective political and There are several features typical of the parliamentary legal responses of the electoral subjects to electoral elections of 2012. violations. We can effectively use the resources of The first feature is that systematic violations of the the current deputies of Ukraine, namely their right to a electoral law have a refined nature and a “civilized” form. deputy’s request. There should be a corresponding legal Those actions, which jeopardise the main principles of response by the authorities and law enforcement agencies the electoral process, have been prudently withdrawn to such a request. However, their request and notification from the category of offenses and “legitimised”. For of voters per se will have a positive effect regardless example, today, there is no need to “capture” district and of reaction on the part of law enforcement agencies. precinct commissions, their formation under the law will Another way is a public response to electoral be enough. And this is the way of how to control them. violations. It is about exercising a constitutional right The second feature is the apparent political by the citizens to peaceful assembly. Today it is not preconception of election commissions. Thus we have all easy to hold them, given the level of public apathy and the reasons to state that there is one political orientation - disappointment in baseless judicial restraints, but if a pro-government one – that will prevail in the majority desired, a legitimate way out is possible to be found here. of election commissions. This poses a threat to their The implementation of the initiative presented by the activities to be biased and illegal. The current electoral leader of the All-Ukrainian Union “Svoboda” about the campaign shows that the problem surrounding the presence of people at polling stations during the counting formation of election commissions has now taken an of votes may be effective. over-exaggerated shape. It should be definitely resolved It is crucial to stop confrontation between before the next elections. Otherwise, all negative moments representatives of the democratic bloc in single- of the electoral process will happen again in future. member constituencies. Only one of the opposition (democratic) candidates, who has good changes of The third feature is the actual lack of response winning, should be at the finish line. All others have of law enforcement agencies to massive violations to step back, still working in districts and using their of the election legislation. This is the so-called “law potential both for supporting colleagues and increasing enforcement silence”. The lack of adequate response of the number of supporters of his/her party. law enforcement agencies not only to violations made public by the media but also to official addresses of Besides, a separate strategy for protecting the election electoral subjects, including the CEC. To my mind, this results should be developed on the day of voting and is done in order to establish, on the one hand, favourable counting of votes. All those who are interested in fair conditions for falsification and, on the other hand, elections should get together for its development and for artificial facade of a free, honest and fair elections implementation. just to demonstrate – especially to the international Even the current flawed electoral law provides some community – that, there had been very few violations chances to hold free and fair elections. They may and recorded as compared to the previous elections. should be applied to the extent possible.  One more feature, which will certainly affect the voting process and the election results, is the installation Roundtable, 26 September, 2012 of video cameras at polling stations. We can assume that the real purpose of this initiative does not match its declared purpose. The surveys conducted by the Razumkov Centre show that 15% of citizens think it is done to intimidate voters, to record their participation in the voting, other 13% believe that the cameras are installed in order to know the choice of voters. What can and should be done today to bring the electoral process in line with international standards and guarantee the victory of democracy? First of all, all those who are interested in free and fair elections should join forces to fight electoral violations. Unfortunately, today the response to such violations by the electoral subjects is unsystematic.

106 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 1 Svoboda To reverse the unfair pension To reform... cancel the value added tax . To introduce a single social To tax on individual incomes with a progressive tax scale and basic rate of 20%. Not to tax individual incomes in the amount of minimum wages. To establish a progressive tax on luxury. introduce a socially fair To simplified taxation system. To ensure preferential conditions for return of all Ukrainian labour migrants to the home country. Their earned funds and property, if invested in business in Ukraine, shall be deemed investments not liable to tax. introduce hourly wages . To set a quintuple ratio between To maximum and minimum hourly wages of the public sector employees. the pension age make To dependent on life expectancy. establish direct dependence To of the size pensions on length of service and admissible quintuple ratio between maximum and minimum pensions in the pay-as-you-go pension scheme. ban advertising of tobacco To products and alcoholic beverages throughout the territory of Ukraine. introduce criminal To responsibility for propaganda of drug addiction and sexual perversions. “Own power – Own property – Own dignity” – Forward!” All-Ukrainian Association “A new economy – a country” wages at the level of Average € 1 000 and average pension of € 500 … Doubling minimum pensions and wages. Guaranteed free medical care for socially unprotected strata of the population (children, disabled persons, pensioners, unemployed). Restoration of the sports movement and the system of physical education of children of early school age. Restoration of networks child and youth schools, free sports sections. Construction of physical culture and recreational centres in every district of the country. The nation’s health should become a priority line of the future state policy in Ukraine. Not destroying the present system of public health in the country, we will formulate new principles of the medical sector organisation. Shift of emphasis from hospital admission to prophylaxis. Relying on preventive medicine, we will pay particular attention to socially hazardous diseases (of the cardiovascular system, cancer, HIV/AIDS, tuberculosis), introduce obligatory clinical examination. Fundamental improvement of the quality of medical care on the principles of public-private partnership. Reduction of alcohol, tobacco and drug consumption through creation of conditions for a healthy way of life. Setting housing rental rates not above 10% of the subsistence level, provision of additional discounts for persons entitled to preferences. “We’ll return the country to people!” “We’ll Guarantee of sustainable growth incomes of the working people. The share wages in the prime cost of produce will be not below 60%. state price control. Toughening Restoration of a network state and municipal enterprises of retail trade, services, pharmacies. Quarterly indexation of the subsistence level, pensions, wages, scholarships with account of real inflation. Setting salaries in the public sector on a par with industry-average. The status of state servants for medics, workers culture and education employed in state institutions. Preservation and expansion of social preferences. Cancellation of the retirement age rise. Guarantee of respect and decent life for veterans. Repayment of earned savings. Constitutional guarantee of priority funding of social expenses. Guarantee of the first working place for young specialists and free professional development and retraining of workers. Introduction of a system material and social assistance to young teachers, especially those working in rural areas. Large-scale construction of social housing . Provision of citizens with housing on the basis of state and municipal lease without the right of privatisation, to rule out possible speculations. State rate-setting in line with the uniform rate chart. Utility costs should not exceed 10% of family incomes. An increase in the number and funding of state cultural institutions, libraries, book stores, first of all, in small towns and rural areas and enhancement of social protection of their employees. Restoration of a network state recreational institutions for children. ” UDAR CPU “Ukraine From a successful individual – “ To set minimum wages and To pensions at a level that guarantees a full live, not survival. ensure the level of incomes To of citizens that will allow every employed, not saving on food and clothes, to buy with monthly wages a refrigerator or washing machine; an average family – to buy a car within 5 years, housing – within 10 years. pay social assistance for To education of children in low-income families until they reach the age of 15 years. ensure true equality of incomes, To opportunities for employment and career for women and men . introduce state quotas of To working places for youths at enterprises and institutions. provide incentives to To enterprises employing and training youths. guarantee affordability of To housing for young families. introduce the target character To as the main principle of provision of social assistance, to rule out its receipt by wealthy persons. apply a common principle of To calculation of pensions for all. gradually introduce a funded To pension scheme. gradually introduce an To affordable and transparent system of obligatory medical insurance, guaranteed by the state. annually increase budget To support for the infrastructure of the healthy way of life , physical culture and sports. guarantee obligatory and free To complete secondary education , free vocational training. to a successful country Batkivshchyna All-Ukrainian Association government, a decent life” Minimum wages will be raised to UAH 2 400 – today’s real subsistence level. The new subsistence level will be calculated not under wartime norms, as now, but on the basis of value goods and services necessary for normal human life in modern society. Within five years we will raise minimum wages to the double subsistence level – for families with children, even minimum incomes, to be able wage a full life, not spend all earning only on food and utility payment. We will do away with the disgraceful phenomenon of poverty among the employed. will perform recalculation of We pensions. They will grow not by UAH 100, as before the elections, but by UAH 334, as required the law. The unfair pension “reform” of Yanukovych-Azarov-Tihipko will be cancelled. There one procedure of calculation pensions for all. The amount of pensions will depend on the length of service, wages and working conditions. There will be no “special pensions”. will bring military servants’ We pensions in compliance with the level of money allowance for current servicemen. will deprive the Government of We the right to arbitrarily reduce amount of privileges and social will restore the allowances. We effectiveness of social laws. will get working places . Youths will pass a law guaranteeing We the first working place for graduates of higher educational establishments who studied on the basis of the state order. ELECTION PROGRAMMES OF MAIN POLITICAL PARTIES, THEIR SLOGANS, PRIORITIES, APPROACHES TO PROBLEM SOLVING* THEIR SLOGANS, PRIORITIES, APPROACHES PARTIES, ELECTION PROGRAMMES OF MAIN POLITICAL Social initiatives (wages, pensions, housing, medical care, healthy way of life, environmental protection, education, guarantees of employment) Social initiatives (wages, pensions, housing, medical care, healthy way of life, environmental protection, education, guarantees Party of Regions The Table contains quotes from the elections programmes. The working (except for Bold and Italic adjustments) is kept close to the original. Programme sections do not always coincide with close to contains quotes from the elections programmes. The working (except for Bold and Italic adjustments) is kept The Table “From stability to prosperity” “A fair state, an honest Every Ukrainian will have decent wages and possibilities for employment. New working places will be created at the expense of: • 100% compensation of the single social contribution of an employer at employment of disabled persons, orphans, lonely mothers and people above 50; • training the unemployed in demanded occupations; • guarantee of the first working place for young specialists, probation of students with subsequent employment. Individual incomes will steadily grow, average wages in 2017 will reach UAH 8 000. will provide affordable …We housing for young families, doctors, teachers, military servants, law-enforcement officers at the expense of annual construction of 100 thousand apartments. The state must give the youths an opportunity to “find feet” in their families will get country. Young affordable housing thanks to state mortgage at 3% per annum, the expense of social contracts with employers. Assistance at birth of the first child UAH 28 830, in 2012 will make the second – UAH 57 660, the third – UAH 115 320. By 2017, the amount of those payments will again double . will fully compensate all We … deposits with the USSR Savings Bank up to 5 000 UAH by 2017; • the minimum pension will be 20% above the subsistence level; • we will substantially raise pensions for military servants, law-enforcement officers. subheading of the Table. subheading of the Table. *

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 107 ELECTION PROGRAMMES OF MAIN POLITICAL PARTIES Only an innovative economy resting on fundamental science, higher and vocational education, production and services can lead Ukraine out of the economic deadlock. …creation of a network industrial parks on the basis of state higher educational establishments. …development of the network of preschool institutions as the factor levelling life chances key for children. Restoration of special, technical and vocational education in line with the needs of development of the national production potential involving manufacturers. A state programme of life-long it education that will make possible to upgrade skills, get new knowledge and skills in line with changes on the labour market. Provision of citizens with free medical assistance . Restoration of a state network medical institutions, first of all, in small towns and village areas. Modernisation of medical institutions, first of all, maternity homes and children’s hospitals. Procurement and distribution of medicines critical for preservation of the life Ukraine’s citizens for state funds. An increase in state expenditures on improvement of living conditions for handicapped persons. Control of the quality of food, consumer goods and medical services. Development of efficient state programmes of countering alcohol, drug addiction and AIDS among the youths. Return to free public preschool, secondary, vocational and higher education. Provision of proper funding public educational establishments. Annual allocation of 10% the GDP to education. Modernisation of facilities public educational establishments. An increase in state orders for manufacturing jobs. To give higher educational To establishments broad autonomous powers, in particular, to involve business in transparent funding of their activity and to commercialise their scientific projects. initiate a transparent To programme of state grants for study of talented youths in the best higher educational establishments of Ukraine and the world. Unless the living standard is substantially raised, we will ban collection of fines for utility arrears, and moreover drive people out of their dwellings. Patient rights to guaranteed free medical service will be protected will expand by the law. We the network of public medical institutions, transfer to it hospitals for MPs and officials, including Feofaniya. For handicapped persons, we will implement the Barrier-Free Ukraine programme. Pure air, pure water, cities and villages are our goal. Education will become affordable will expand and modern. We the network of preschool establishments. In the secondary school, we will implement the programme “Learn English, as Ukrainian”. will preserve the system of We external independent testing as the guarantee of equal capabilities and a safeguard against corruption at entrance to higher educational will introduce establishments. We state grants for higher education, encourage remote study in lead foreign universities. We will provide quality and We affordable medical assistance . will guarantee: We • the average salary in public health system – not below UAH 8,000 for doctors and UAH 5,500 for medical assistants; • reduction of prices basic medicines by 30%; • 100% provision of cancer, cardiovascular diseases, tuberculosis, HIV/AIDS patients with medicines. A perinatal centre will be open in every region, maternity homes will be reequipped. will provide all rural areas with We mobile ambulance stations. will provide handicapped We persons with adequate treatment and necessary technical rehabilitation means. will create conditions for a We healthy way of life : new swimming pools, stadiums, skating rinks and sports grounds will work in every district. • 20 thousand centralised drinking water purification systems; • construction of environment- friendly waste disposal plants in every region. Improvement of the quality of education will include: • guaranteed state order for at least 75% of seats at higher educational establishments; • payment of scholarships on a par with minimum wages; • wage rise for educationalists by at least 20% a year; • full provision of all schools with computers and Internet access.

108 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 1 To cancel the anti-Ukrainian To Law of Kivalov-Kolesnichenko “On Principles of the State adopt Language Policy”. To the Law “On Protection of set ”. To up the State Committee for the Language Policy. introduce an obligatory test To in the Ukrainian language for state servants and candidates oblige all for elected posts. To state servants to use Ukrainian at work and in public speeches. cancel taxes on Ukrainian- To language book printing, audio and video products, software. use every sixth hryvnia from To profit from demonstration of foreign cinema products for the development of national cinema industry. regiment the use of To Ukrainian language in mass media in line with the share of Ukrainians – not less than 78% of the print area and air time. organise domestic To production of Ukrainian- language software for state institutions, educational establishments and free sale. oblige budget-funded To institutions to use only Ukrainian software. open all archives of Cheka- To GPU-NKVD-MGB-KGB. fighters recognise OUN-UPA To as participants of the national liberation struggle for state independence of Ukraine. To declare 14 October – the day – a public of creation UPA holiday. oblige all mass media to To inform citizens of all their owners (for press – in every issue; for TV and radio – daily on the air). Creation of modern cultural centres in every district, development of museums and libraries, restoration of the network of village clubs to ensure public access to cultural resources, digitalisation of the cultural heritage. An increase in the number and funding of state cultural institutions, libraries, book stores, first of all, in small towns and rural areas... A ban on propaganda of sexual debauchery, violence, racism, xenophobia and national enmity. Establishment of criminal responsibility for glorification of persons who collaborated with the Nazi regime and those who propagate those ideas today. Support for the canonical Orthodox church and believers of other confessions. Provision of the status second official for the Russian language by referendum. To support the Ukrainian cultural To product. encourage investments in To culture: national book printing, cinema and film distribution, writing musical and literary pieces. Allocation of sufficient local budget funds for public self-organisation bodies’ activity. Civil society (human rights, freedom of speech, language, culture, national minorities, religion, identity) We will give civil society, We journalists and the opposition efficient tools for control of the authorities’ actions. …will not allow limitation of the freedom of speech, civil rights to gathering and peaceful protest. Formation of a modern Ukrainian political nation with a unique national identity, own history and a common European future will be a priority task. will practically implement the We status of the Ukrainian language will as the only official . We encourage its full-scale use in all sectors of public life, in particular, on TV, radio, in book printing, cinema and show business. will create conditions for free We development of all languages , guarantee the rights of national minorities in line with the European standards. We stand for: We intellectual freedom; freedom … of speech; • equal opportunities for women and men in all sectors of life; • legislative provision of the civil right to mother language. Provision of the status second official for the Russian language.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 109 ELECTION PROGRAMMES OF MAIN POLITICAL PARTIES To cancel …the predatory Tax cancel …the predatory Tax To Code. ban privatisation of strategic To enterprises and to return previously privatised ones into guarantee state ownership. To state control of natural liquidate private monopolies. To monopolies and oligopolies. return into municipal To ownership enterprises – monopolists in power, gas, heat and water supply sewerage. check the legitimacy To of privatisation all big return into enterprises. To state ownership and of labour collectives the enterprises whose owners do not meet social, investment and other obligations. complete inventory make To of all land and immovable create a property in Ukraine. To Single State Register of title to immovable property and land and to guarantee its publicity and transparency. oblige the persons who took To capitals into offshore zones to return them Ukraine and to pay all due taxes on them. nationalise enterprises, to To attach bank accounts and forfeit the infringers’ property. ensure state control of the To banking sector (state banks should account for at least 30% of the country’s banking limit usurious capital). To interests on bank credits for Ukrainian households and enterprises by the law. provide interest-free target To state credits for opening own business. ease fiscal pressure of the To state on… small and medium introduce a business. To progressive taxation scale in line with the principle: “small business – small taxes, big business – big taxes”.

support national credit and tax conditions support for export offshore companies. The state should regularly and insistently manufacturers . stand for: We State incentives for modernisation of production, technical re-equipment and introduction of advanced technologies. Special for enterprises implementing investment projects and creating new working places. State expansion of not only big but also small and medium producers, active defence of the interests Ukrainian manufacturers abroad, promotion of the Made in Ukraine brand. State support for priority branches : information technologies, shipbuilding, aircraft building, machine building, instrument making. Import of hi-tech foreign production facilities to Ukraine. State investments in infrastructure , on the condition of strict control use budget funds, raising funds on the basis of public-private partnership. Construction of six-lane highways to connect all regional centres of Ukraine. Implementation of projects construction of fast passenger railways “North-South” This will and “East-West”. fundamentally enhance labour mobility and ensure the country integration. Imposition of a tax on operations with Obligatory registration of big enterprises at the location of must production facilities. Taxes be paid where profit is generated. Defence of ownership rights. Utmost simplification of the tax system. Return of enterprises the basic sectors of economy into state ownership . The share of machine-building products not in the GDP structure should make less than 30%, the share of science- intensive products – not less than 15%, state support for production of domestic medicines, household appliances, clothes and footware, state monopoly of production and sale alcoholic tobacco products. Enforcement of private capital to meet social obligations (wages, vacations, working conditions, pension insurance, observance of environmental standards). A ban on privatisation of state enterprises , establishment of responsibility for their driving into bankruptcy. Obligation of employers to provide their employees with housing. Constitutional acknowledgement of the people’s right to own natural resources, land, production assets. Empowerment of the state to use them in interests of society. State monopoly on production and sale of alcoholic and tobacco products. …a ban for offshore companies to own shares of Ukrainian enterprises. Return of utility facilities into state ownership. investing in energy To reduce the number of state To taxes and duties , leaving: individual income tax, company profit value added tax, single social contribution, excise tax, real estate and land taxes. improve the simplified taxation To system for small and micro draw the general business . To taxation system closer to the simplified one by the administration principles. provide incentives to enterprises To using alternative energy sources, energy-saving and clean production technologies , resources extraction in Ukraine. encourage investments in To the community utility, transport, information, medical infrastructure, to encourage enterprises invest in support for educational, medical, public and cultural projects. ensure transparency of the To system of state procurements. counter concentration of To ownership rights to enterprises of one sector. introduce state quotas of working To places for youths at enterprises and institutions. provide incentives to enterprises To employing and training youths. introduce transparent and To uniform rules for all. reduce the number of state To bodies discharging licensing, control and punitive powers. minimise contacts of an To individual and an official. implement the principles of one To stop and transparent office in all sectors of relations between an individual and the state. reduce the new business To registration time to 30 minutes. set a zero profit tax rate: for To newly-established enterprises – for 3 years, those established in doldrums areas and the countryside – for 5 years. Economic policy (macroeconomics, small and medium business, taxes) …We will create new working …We places and support businessmen . Only seven taxes will be left in Ukraine. will stop the flow of smuggling We and low-quality goods. will declare a war on We monopolies in all sectors. will create conditions for fair We competition . will defend consumers from We high monopoly prices of goods and services. will do away with the pressure We of the regime billionaires on small and medium businesses. All ownership in the country will will create be transparent. We conditions whereby it will be more beneficial to pay taxes than will cut the bribes to officials. We channels for drain of funds via offshore zones . will investigate propertyWe and financial deals of the current authorities. We will return to the state the property unlawfully privatised by the team of Yanukovych. Our action plan in the economy it within one year will make possible to raise the subsistence level and minimum wages to UAH 2,400, salaries of teachers, doctors, scientists and other public sector employees – two-fold. Within five years, we will raise minimum wages to the double subsistence level. It will not be liable to income tax. will spare business of pressure We from law-enforcement and administrative bodies. We will liquidate the tax militia killing business. will channel domestically We extracted gas to the needs of housing and utilities sector households. Energy conservation, an end to dependence on expensive Russian gas will be a national priority. growth – at least 5% a year; introduction of tax holidays for We will provide for: We • GDP • stability of the national currency. This will be achieved at the expense of: • gradual reduction of the company profit tax to 16% in 2014; • ІТ and innovative projects for 10 years; • affordable bank credits for domestic manufacturers. Renovation of the infrastructure means: • construction of modern motorways, enabling travel from the west to east of Ukraine within 14 hours; • new fast rail connection between the capital and regions; • affordable flights for every Ukrainian; • overhaul and construction of airports, sea and river ports, railway stations; • construction of new metro stations and development of municipal transport. Ukraine will part with dependence on imports of energy resources . will increase domestic We extraction of coal, oil and shale will start development of gas. We will expand shelf gas fields. We the use of energy sun, wind and water. will modernise thermal power We plants for efficient use of domestic coal and other fuels.

110 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 1

To counter introduction of the To farming land market. ban trade in farming land. To give it in long-term To possession to Ukrainian citizens with the right of family allow sale of inheritance. To legally acquired plots only to the state. To immediately constitutionally To remove from power the regime of oligarchic dictatorship, to remove the aftermath of its rule and not to allow the revenge. pass the law on To impeachment of the President of Ukraine. dismiss Azarov’s To government. perform lustration – To fundamental purification – of power. appoint to the posts To vacant after the lustration young experts, graduates of Ukrainian higher educational establishments selected by the criteria of patriotism and professionalism. liquidate regional and district To state administrations, to assign their powers to executive committees of local councils. guarantee the right of To territorial communities to recall council members of all levels, judges of local courts, and the right to express no-confidence in the executive committee head, land planner and head of the department of internal affairs by referendum. . ” Fewer “ Stay of the Ukrainian land in Ukrainian hands. Facilitation of agricultural producers’ access to financial resources. Encouragement of introduction of advanced production and processing technologies, development of agro-industrial centres of deep processing for small and medium farms. executives, more computers We stand for: We Decentralisation of the budget policy. A state target programme of development of small towns Ukraine. Document circulation and issue of certificates shall be in the electronic format. will remove all opportunities We to use courts and law-enforcement bodies for unlawful taking and seizure of property. Utmost cuts of the bureaucratic machinery . Our principle is from the “ . ” A ban on purchase and sale of farming land. Consolidation of state banks that will issue credits to… agricultural producers at low interest rates. State support for cooperative business associations, first of all, agricultural cooperatives. Annual investments in village development of not less than 7% the GDP. Introduction of election judges. bottom Legislative introduction of referendums for solution of publically important issues. Granting trade unions the right of legislative initiative . Liquidation of the status immunity for representatives of the authorities. Strict punishment for abuse of power. Reduction of expenses on maintenance executives. Adoption of a law ruling out nepotism and clanship of the cadre. Expansion of the Accounting Chamber powers. to state budgeting Transition Village, land To sell and lease out state To municipal land only at auctions. grant farming land ownership To rights only to individuals – citizens of Ukraine. set a zero profit tax rate: for To newly-established enterprises … in the countryside – for 5 years. To introduce mechanisms of direct To popular action . Popular legislative initiative . A bill supported by 150 thousand Ukraine’s citizens must be reviewed by parliament as a matter of priority. give citizens Popular veto . To the right to reverse decisions of state authorities and local self- government bodies by referendum – except issues, referendum on which is banned by the Constitution of Ukraine. Popular vote of no-confidence. give citizens the right to pass To decisions of no-confidence in the local state administration head, militia and tax service chief, prosecutor, judge at a local referendum – entailing early termination of their powers. create a system of obligatory To public budget reporting, where every citizen will be able to real-time monitor incomes and expenditures of budgets all levels. We will implement a large-scale We reform of the political system that will produce balanced government. The President will be only one of its institutes, working under public control, and his powers will be limited by the powers of Parliament. The judicial branch will become truly independent. will give citizens broad We opportunities to influence the authorities through referendums. will introduce a mechanism We of expression no-confidence in the President by referendum. will regiment the procedure of We impeachment of the head state. it will pass a law that make We possible to recall MPs. They in parliament will vote only will establish personally. We criminal responsibility for voting for another MP. We will cancel immunity for all – the President, national deputies, judges. We will reduce expenditures on the authorities two-fold. Moratorium on sale of farming will not land will be extended. We land from peasants for let take will issue deeds of a song. We ownership to your land. credits for peasants will make We affordable, procurement prices of grain, milk and meat – fair. Village schools, hospitals, kindergartens will not be closed. Every village school will have fast Internet access. Government (state governance, election, impeachment, immunity, revocation of MPs, fighting corruption, courts, local self-government) the land share price not Powers of local self-government 60% of the consolidated state construction of new elevators, • bodies will be expanded ; • budget for local councils. Ukraine will fully provide itself with domestic foods , will become a large food exporter thanks to: • Establishment of 1 500 agricultural cooperatives ; • vegetable and fruit stores; • setting less than UAH 20 000 per hectare, lease – not less than UAH 1 000 per hectare; • development of the social infrastructure in rural areas (motorways, hospitals and schools, gas supply to villages).

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 111 ELECTION PROGRAMMES OF MAIN POLITICAL PARTIES the “ . ” To cancel parliamentary To immunity for criminal and business crimes. introduce election of local To judges for the public 5 years. higher the state post is, stricter the responsibility for the committed crime is To oppose political corruption – To purchase of national deputies. institute the proportional To system of elections to parliament with open election lists. introduce voting of national To deputies by fingerprint. investigate the lawfulness of To privatisation processes initiated by Azarov’s government. introduce to the criminal To legislation the principle To leave 100% of the individual To income tax, land tax and immovable property tax in guarantee that communities . To redistribution of proceeds from the other taxes ensures funding of the community needs. give the city mayor elected by To Kyivites the powers of Kyiv City State Administration Head. ensure allocation of sufficient To local budget funds for public self- organisation bodies’ activity. encourage investments in To the community utility, transport, information, medical infrastructure. oblige the official, not a citizen, To to gather all required certificates. ensure transition to electronic To document circulation within a year. introduce a mechanism of To recalling council members of all levels. have all judges appointed by the To staff Higher Council of Justice. To it solely at the Congress of Judges of Ukraine. introduce a court of 12 jury men To to review grave crimes. introduce at elections to To parliament and local councils (except village and township) a purely proportional election provide system with open lists. To for the existence of regional multi-mandate districts for have parliamentary elections. To members of village and township councils elected under the majority system. introduce election of city To mayors in two rounds . give voting rights at local To elections to citizens who reached the age of 16 on election day. We will cancel privileges for rulers. We will deprive officials of state We residences and country houses. will return Mezhyhirya into We will set up the state ownership. We National Anti-Corruption Bureau that will break the backbone of corruption in power, first of all, will law-enforcement bodies. We perform anti-corrupt lustration of all officials, starting with judges, prosecutors and investigators. the law Everyone who broke or does not live in accordance with his declaration will be dismissed from office, brought to responsibility and deprived of the right to work in state service. The lustration will purify the judicial system and state service. The Constitutional Court that became an accomplice to in usurpation of power Yanukovych and breach of rights millions citizens will be liquidated through constitutional changes. will stop the flow of smuggling We and low-quality goods. will investigate propertyWe and financial deals of the current authorities. Those guilty of violation of the law will be brought to responsibility.

112 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 1 To cancel the treacherous To “Kharkiv Agreements” .

Foreign policy priority – accession to the Customs Union, Single Economic Space, . of cooperation with the IMF. Termination Revision of all unequal international agreements, first of all – within the WTO framework. Constitutional provision of the neutral and non-bloc status of Ukraine. Development of a new defence concept meeting present-day requirements. Support for the army rearmament with best domestic systems. Guarantee of social protection military servants. Granting them the status of state servants . Foreign policy Defence sector and power structures perform anti-corruption To lustration – after an independent check of all officials, law-enforcement officers, judges and prosecutors, to dismiss all corrupt officials from office. set up an independent To Anti-Corruption Agency for detection and bringing to responsibility. give citizens the right to pass To decisions of no-confidence in the local state administration head, militia and tax service chief, prosecutor, judge at a local referendum – entailing early termination of their powers. accomplish the creation of a To raise budget professional army . To expenditures on the to at least 2% the GDP , concentrating on technical modernisation of the army. We will do away with the crisis in We relations with the European Union . will provide for signing and We ratification of the Agreement Association and free trade area with the EU. will secure visa-free We procedures with the European Union countries, partnership with the Russian Federation. European values are our values. will restore parliamentary and We public control of power structures . will clearly determine their We functions, cut strength. Those structures will defend not the authorities from the people but rights and freedoms of Ukrainian citizens. Service in the Ukrainian army will be prestigious. will reform public prosecution We and law-enforcement bodies, turn them from repressive- punitive into human rights bodies, establish efficient civilian control will substantially of them. We cut the strength of special militia units , now used against peaceful citizens. Their servicemen will be given an opportunity to use their professional skills for fighting crime, protection of people’s safety and property, defence of the state in the ranks of professional Armed Forces. • preservation of Ukraine’s non-bloc status – the guarantee of security of every citizen; • associated membership in the European Union , creation of a free trade area, removal of visa barriers between Ukraine and the EU; • enhancement of economic cooperation within the free trade area with the CIS countries; • strategic partnership with Russia, the USA, China; of G20 and • opening markets developing countries for Ukraine; • Use of the country’s competitive advantages to get the right hold sports and cultural events of the European and world level. Ukraine should have European- style power structures. will provide: We • an efficient contractual army; • cancellation of draft from January 1, 2014 . will provide affordable We housing for ... military servants, law-enforcement officers at the expense of annual construction of 100 thousand apartments.

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 113 LEGAL AND REGULATORY FRAMEWORK SUPPORTING THE ACTIVITY OF MPs 2 1 Powers a member of the Chamber Representatives, Council Republic working on a professional basis may be terminated early by decision of the concerned chamber of the National Assembly RB in case of: • non-submission of a declaration incomes and property or intentional presentation of incomplete or untrue data in it; • non-observance of the relevant limitations established by law. for recall of a member is performed in accordance with the procedure envisaged Voting member’s election, on the initiative of not less than 20% citizens entitled to vote and living the relevant territory. The grounds for and procedures of recall members Council Republic are established by the law. Bringing to responsibility (immunity) Members enjoy immunity at expression of their opinions and discharge powers. Immunity also extends to their housing, official premises, personal and official transport means, correspondence, communications means used by them, and their documents. They cannot be brought to responsibilityduring voting and other actions for a stand taken corresponding to their status, including after the expiration of their office. This does not relate to their accusations of slander and insult. During the period of office they may be detained, otherwise deprived of personal freedom only with prior consent of the concerned chamber, except cases commitment state treason or another especially grave crime, or catching red-handed. They cannot be subjected to search body search, except cases envisaged by legislative acts. A criminal case of an MP is considered by the Supreme Court of RB. Termination of powers, parliamentary ethics (auxiliary obligations), liability (immunity) Termination Grounds for early termination of powers : • in connection with election or appointment to a position inconsistent the discharge of powers a member the Chamber Representatives, Council Republic; • in connection with a written request for resignation on medical or other grounds preventing the discharge of powers; • in case of a court ruling of incapability or limited capability; • in case of a member’s dissent to work professionally at the Chamber Representatives within three months; • in case that elections or powers of some members the Chamber Representatives, members of the Council Republic are ruled invalid; • in connection with a verdict of guilty by the Supreme Court of RB entering into legal force; • in case of termination citizenship RB; • in case of recall; • in connection with a written request for resignation on personal grounds; • in case of non-signing commitments under Article 6, part 9 of the Law “On Status a Member of the Chamber Representatives, a Council Republic National Assembly of the Republic Belarus”. Ed . expenses on exercise of powers An MP is entitled to: Reimbursement of costs related with the use of mass media, premises, transport, equipment for reports, meetings and communication of a member with voters. Local councils, executive and administrative bodies, public associations provide to a member of the Chamber Representatives support and necessary assistance with arrangement of meetings with voters, allocate premises, equipment, transport, timely notify citizens of the time and place a member’s report of the performed work or his meetings with voters. For personal reception, consideration of applications of individuals and legal entities and for other activity, a member is provided with separate premises fit furniture, communication means and necessary office equipment. In course of discharge his powers on the territory of RB, members may use air, rail, motor, water transport and all kinds of city and suburban passenger transport (except taxi) at the expense of funds allocated from the republican budget, and enjoy right to priority purchase of travel documents and reservation of tickets. Agencies and booking offices are obliged to without a queue. give them a ticket Members may use official delegation halls of airports, railway and river stations. For travel in connection with discharge of powers across the territory of an election district, an administrative-territorial unit, a member is provided with motor transport by the concerned local executive and administrative bodies. Monetary indemnity is paid for the use of personal transport for exercise of powers in accordance with the procedure and in amount established by the law. Members may use communications means of state bodies, other organisations (including hotels) on the territory of RB. Members enjoy the right of priority hotel accommodation. A member may have up to two permanent assistants working on a paid basis, and up to three assistants working on a voluntary basis. The state covers costs of business trips. Legal and regulatory framework supporting the activity of MPs: international experience Members of the Chamber Representatives, members the Council of Republic are equated to ministers Republic of Belarus by the level salary, medical, sanatorium- resort, social and welfare services. All members, irrespective of the occupied position, except chairmen of the Parliament Chambers, their deputies, obtain equal monthly monetary reward in the amount of a minister’s salary. A member of the Council Republic not working in council on a professional basis gets an extra pay to the salary in the amount of difference between the average earning at the main place of work and monetary reward a Council member working of a professional basis. For living with family members, residential premises of the republican special official housing stock are granted in compliance with regulatory legal acts of the President RB. Until official housing is obtained, a two-bed hotel room is granted, or expenses on rent of residential premises are reimbursed in accordance with the procedure and amount established by the law. the end of office, After retirement benefits are paid in the amount set for a minister, employment is guaranteed. They are provided with work upon their consent account of the obtained qualification and experience of work in Parliament. will, the previous place of work (position) is granted, except At the position of a member Government RB and an elected position in state bodies, and absence of such a possibility in connection with liquidation of the previous position, liquidation or reorganisation of the organisation – other similar work (position). Military servants and other persons whose service is regimented by manuals and regulations after the end of office are sent to the disposal of concerned republican bodies state governance for further service at the previous, equal or higher position with their consent. The period of office in Parliament is included the period of state service and the period of occupational work (service). Members are subject to obligatory state insurance against death (fatality), injury or other damage to health related with their discharge of parliamentary powers, against disease or disability that occurred during the period of office in Parliament, on the conditions set for a minister of RB. In case of a member’s death, irrespective payments under obligatory state insurance and social security, the family is paid a lumpsum allowance in the amount of 20 basic units at the expense of republican budget funds. Specificity of social security of a member the Chamber Representatives, a member of the Council Republic, including their monthly monetary allowance, is established by the President of RB. Pension maintenance of a member, including for special merits to the Republic of Belarus, is provided in line with pension law. Country Salary and other forms of material support, privileges Support of activity, reimbursement Belarus Unless specified otherwise, the Table is compiled on the basis of materials provided by the embassies of concerned countries at the Razumkov Centre’s request. at the Razumkov is compiled on the basis of materials provided by embassies concerned countries Unless specified otherwise, the Table without the consent of President Republic Belarus state awards foreign states” – Has no right to “take 1 2

114 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 2 Grounds for early termination of powers: • resignation; • effectiveness of a sentence imposing punishment in the form imprisonment for an intentional crime, or if execution of punishment in the form imprisonment is not deferred; • establishment of impossibility of participation in elections, occupation of or appointment to a post occupation of which is inconsistent with discharge powers an MP; • death. by the National Assembly, in third case – In the two former cases, decision is taken by the Constitutional Court. If an MP is appointed a minister, he replaced by the following candidate in list, for time dismissal from the ministerial post, while the MP discharges functions of minister. After powers of the MP are restored, and deputy – terminated. Bringing to responsibility (immunity) A member cannot be detained, and no criminal prosecution can instituted against him without the National Assembly consent. In case of commitment a grave crime, permission to criminal prosecution is not required, if the member’s written consent is available. If there enough information of commitment a general crime, the Chief Prosecutor shall send motivated letter to the National Assembly, requesting for permission initiation of a criminal case. Grounds for early termination of powers: • voluntarily taking a paid office of the Crown; • being raised to the Peerage; • being sentenced to imprisonment for a period longer than one year (under the Representation of the People Act 1981); • being detained under Section 141 of the Mental Health Act 1983; • being in receipt of a bankruptcy restrictions order, or person against whom sequestration estate has been awarded; • being convicted of corrupt or illegal practices at elections; • by motion of the House. present, a draft bill (of December 13 2011) is undergoing various discussions and At pre-legislative examination, with proposals of a possible recall an MP in the following circumstances: 1. Following conviction of an MP and being sentenced to 12 months imprisonment. 2. The House of Commons resolves that an MP should face recall for a serious wrongdoing (for example a serious breach of the Code Conduct). 10% of the registered electorate in relevant constituency will need to sign petition for recall to go ahead, the seat be vacated, and a by-election held. Code of Conduct (auxiliary obligations) An MPs can also be suspended from sittingfor in the House of Commons by Speaker disorderly conduct, removed from the house until end of day or a vote can be held in House of Commons to suspend an MP for 5 days the first offence and 20 days or more for further offences.part During this time a suspended MP cannot take in voting and debating the Parliament and does not receive pay for the time of his/her suspension. There are separate Codes of Conduct for MPs and Lords that give guidance on the way they should carry out their public duties. MPs are required to register a wide range of financial interests they may have which relevant to their parliamentary work. The Parliamentary Commissioner oversees the maintenance and monitors operation of the Register of Members’ Financial Interests. He receives and investigates complaints about Members who are allegedly in breach of the Code Conduct and Guide to Rules reports his findings to the Committee on Standards and Privileges. The Committee on Standards and Privileges will consider any matter relating to the conduct of Members, including specific complaints in relation to the alleged breaches Code Conduct or Guide to which the House has agreed. An MP is entitled to: • the right to free travel by state and municipal city transport, rail, motor and water transport; • reimbursement of expenses on travel by private bus, flights to districts located at a distance of over 250 km from Sofia (40 return a year, for others – up to 12 air air tickets a year); tickets • the right to working premises in Sofia with necessary technical and communication means, and a personal web site in the Internet, up to 15 megabytes, supported by the National Assembly’s server. The amount of funds for housing, per diem limit, reimbursement for the use of a personal car are determined by the National Assembly Chairman. • staffing expenditure; • office expenditure (equipment and supplies); • accommodation expenditure; • communications expenditure; • travel expenditure (travel between the constituency and main Westminster, home). Up to £ 42 000 a year are allocated rent an office and to pay salaries its employees. Different office expenses for London make £ 24 750 a year, beyond its boundaries – £ 22 200. For expenditures on personnel in London, £ 144 000 a year is paid, beyond its boundaries – £ 137 200. For a newly-elected MP, £ 6 000 is allocated to open a personal office. cover business trips using a personal car, To £ 0.45 per mile is allocated (10 thousand miles). For hotel accommodation, £ 150 per night is allocated in the London area, and £ 120 – in other parts of Great Britain. Foods are also reimbursed to the amount of £ 25 a day, breakfast is additionally paid for ( £ 15). MPs are provided with housing in Sofia, if they have no their own on the territory of Capital community. A member is entitled to a paid annual leave, concurrent with the leave of National Assembly. Basic salary of an MP equals three average national salaries. An MP additionally receives bonuses for work experience (1% per year), academic degree (10-15%), as well awards for outstanding service to the country. and insurance premiums are deducted from wages. Taxes The annual salary £ 65 738. of a Member Parliament makes faction leaders and other officials The speaker, get extra funds for the discharge of their functions. In addition to the salary, financial assistance is provided in connection with disability, for social security and insurance. the end of office, After a former MP is guaranteed an allowance in the amount from 50% to 100% of his annual salary, dependent on the length of service. An MP is given 80 days of a summer leave, including for work in the constituency. Bulgaria The United Kingdom

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 115 LEGAL AND REGULATORY FRAMEWORK SUPPORTING THE ACTIVITY OF MPs € 1 000 a month or with the name and . Donations the value of which individually or, in the case of several donations from the same donor, taken together, exceeds individually or, in the case of several donations from same donor, taken € 10 000 in one calendar year shall be published by the President, with amount and origin being stated. Gifts of pecuniary value received by a Member in connection with his mandate shall be notified the gift and handed to the President; Member may apply keep if he pays Federal Cash Office a sum equivalent to its value. Every Member of the Bundestag in receipt remuneration for his activities connection with a subject to be debated in a committee of the Bundestag shall, prior to deliberations, disclose as a member of that committee any link between these interests and the subject to be debated. If there are indications that a Member of the Bundestag has failed to meet his obligations pursuant to the Code of Conduct, President shall in first instance gain a statement from the Member concerned and then set in motion a factual legal investigation of facts case and the legal facts. If, having examined the facts, President believes that case in question constitutes a less serious case, or a case of minor negligence (e.g. failure to declare information before the relevant deadline), the Member concerned shall receive an admonishment. The President shall inform the Presidium and chairpersons of parliamentary groups the result of investigation. Having heard Member concerned, Presidium shall then place. A statement by state whether a failure to comply with the Code of Conduct has taken the Presidium that a Member of Bundestag has failed to meet his obligations pursuant the Code of Conduct shall, notwithstanding further sanctions, be published as a printed paper. A statement that no such offence has been committed shall be published at the request of Member of the Bundestag. hearing the Member who has failed to meet his reportingAfter obligations, the Presidium may decide to impose a coercive fine. The level of the fine shall depend on gravity of the case in question and the degree of fault. The fine may not exceed 50% annual remuneration for Members. The President shall decide on the level of fine. Grounds for early termination of powers: • retirement, • withdrawal, • death, • serious mental illness, a formal sentence of more than one year in prison (because crime). Immunity, bringing to responsibility The procedure for consideration of alleged violations law by MPs is usually initiated the president and members of parliament that decide on base “Rules procedures”. In case of a criminal offense, a public prosecutor may order an inquiry when the whole parliament allows to cancel the immunity of the MP. In addition the parliament has right have right, and on motion of one quarter of its Members the duty, to establish a committeethe requisite evidence at of inquiry, which shall take public hearings. Code of Conduct (additional commitments) A Member shall be obliged to inform the President in writing of occupation he or she last practised; activities as member of a board management, supervisory board, administrative board, advisory board or other body of a company an enterprise; remunerated activities engaged in alongside the exercise of his office, either by virtue of being self-employed or by virtue of being a salaried employee (continuing an occupation engaged in prior to membership the Bundestag, as well consultancy, representation, provision of expert opinions, or writing or lecturing activities), except fees received for the provision of expert opinions and for writing or lecturing activities where the income agreed upon does not exceed sum of address of the donor and total amount donated being stated € 10 000 a year. Declarations of financial interest must be submitted to the President within three months of becoming a Member of the German Bundestag, or when changes additions occur during electoral term. separate account of donations money and all kinds A Member of the Bundestag shall keep gifts of pecuniary value made available to him for his political activities. A donation the of which exceeds € 5 000 in one calendar year shall be notified to the President, ); 2 • reimbursement of money spent on discharge of official duties (including the establishment of one or more constituency and upkeep offices, on travel within a constituency, accommodation); • the right to use official vehicles for travel within the city boundaries of Berlin. In addition, they have a pass that enables them to travel free of charge on the railways and are entitled to reimbursement of the cost in the exercise of their domestic flights taken mandate. lump The expense allowance is an index-linked sum which is adjusted each year ( € 3 969 a month). Claims cannot be made for costs exceeding the amount of allowance. A monthly staffing allowance of € 15 580 (gross) is available to each Member, which is paid direct to their appointed staff by the Bundestag Administration. Members’ spouses, relatives or in-laws who work for them cannot be paid from this allowance. Their salaries must be paid out of the Member’s own pocket. The Bundestag meets the cost of Members’ official employers who send travel, just like their staff on business trips. Journeys undertaken in the exercise of a Member’s mandate are paid for out of the Member’s expense allowance. Journeys made in trains operated by Deutsche Bahn are an exception. For these journeys, the Bundestag provides Members with a travel pass (not for private trips). If a Member travelling within Germany in the exercise of his or her mandate uses an aircraft, a sleeping car or any form of rail transport other than local public passenger services, such costs are reimbursed on a case-by-case basis on presentation of receipts. An MP is entitled to: • an office with telecommunications equipment (54 m Members of the Bundestag are entitled to remuneration which is adequate to ensure their independence . Members of the Bundestag, who represent constituencies with an electorate numbering 16 000 to 25 000, are considered equivalent the mayors of towns and local communities with 50 000 to 100 000 inhabitants and to ordinary judges at the supreme federal courts, Members of the Bundestag, exercise who, like their office independently and are subject only to the law ( € 7 668 a month). Members of the Bundestag do not receive any special payments such as holiday pay or Christmas bonuses. On 1 January 2008 the superannuation benefits granted to Members of the Bundestag ceased be a full pension. Their purpose is now to bridge the gap in pension benefits that arises for Members because they have been active in Parliament and have therefore had to give up all or part of their previous pensionable employment. In accordance with their role as a gap-filling pension, superannuation benefits have been awardable since 1 January 2008 even to Members with only one year of the first year, benefits amount to 2.5% membership. After of Members’ remuneration, rising by 2.5% for each additional year of membership. The maximum pension entitlement 67.5% of Members’ remuneration, and this ceiling makes is reached after 27 years’ service. The pensionable age for superannuation benefits is being raised in stages from 65 to 67, beginning on 1 January 2008. emoluments for Members of the Bundestag are Transitional designed to smooth the way for Members resume their up a new occupation when they previous careers or take leave Parliament. The transitional emoluments are paid in the amount of one monthly payment for each year work in Parliament (four monthly payments after one full electoral term). The maximum duration of payments is 18 months. From the second month after the expiry of mandate, all other earned income, including income from private sources, is set off against transitional emoluments. Members of the Bundestag may choose between statutory and private health and long-term care insurance . About 40% of Members belong to the statutory health-insurance scheme. any employer, pays half of In their case the Bundestag, like their monthly insurance contribution. out private health and long-term Members who have taken care insurance policies pay their own contributions. Members’ survivors are entitled to a transitional allowance. This allowance and similar benefits are paid in respect of retired civil servants and pensioners. Germany

116 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 2 Grounds for early termination of powers: • loss by a member of the Russian citizenship or acquisition foreign state; • effectiveness of a court sentence with respect to a person that became an MP; • recognition of a member incapable in pursuance court ruling that entered legal force; • recognition of a member missed or his declaration dead in pursuance court ruling that entered legal force; • a member’s death; • a member’s draft for military service with his consent. Powers of a member the State Duma are also terminated in case of: • a written request of a member for resignation; • election of a member the State Duma legislative (representative) body state power of a subject the Russian Federation or local self-government body, an elected official of another body state power or local self-government body; • appointment of a member for state or municipal service, his entry to a management body of business company or another commercial organisation, his engagement in other paid activity, except lecturing, scientific and other creative work; • dissolution of the State Duma. Bringing to responsibility (immunity) A member of the State Duma is guaranteed immunity over the entire term of office. Immunity of a member of the Federation Council, a State Duma extends to residential and office premises, personal and official transport means he uses, communication means, documents and luggage he owns, and his correspondence. In case of initiation a criminal or commencement proceedings an administrative offence involving administrative responsibility imposed by court for actions of a member the Federation Council, a member of the State Duma, investigation body or investigator within three-day term notifies thereof the General Prosecutor of Russian Federation. Without the consent of concerned chamber Federal Assembly, members State Duma cannot be brought to criminal or administrative responsibility, cannot be detained, arrested, searched or interrogated, except cases of detention red-handed. The issue a member’s deprivation of immunity is settled upon the General Prosecutor’s submission to concerned chamber of the Federal Assembly in accordance with procedure envisaged by regulations of the concerned chamber. Refusal chamber to give consent deprive a member of the State Duma or Federation Council immunity is a circumstance barring proceedings in a criminal case and of an administrative offence. Code of Conduct (additional commitments) Control of observance of norms ethic conduct by MPs is exercised the State Duma Commission for mandate and parliamentary ethics (Mandate Commission). The also monitors observance of the procedure termination members’ powers, solves issues a member’s deprivation of immunity, considers cases of breach parliamentary ethics, checks and prepares conclusions on protests, complaints statements upon the results of election members of the State Duma. An MP is entitled to: Separate office premises fit with furniture, office equipment, communication means in the building of the concerned Chamber. The right to priority receipt of travel documents for air, rail, water transport, and intercity bus with subsequent reimbursement of their value to the concerned entities out the federal budget. Civil aviation agencies or airports, booking offices of railway stations and terminals, sea terminals (ports) are obliged to issue without a queue to member of the Federation for one Council, State Duma a free ticket seat in an airplane or helicopter, sleeping compartment train car, in a first or second class cabin in ships of all categories. Intercity bus travel is performed with a free obtained without a queue at booking ticket offices of bus terminals, stations, transport and dispatching agencies, or when entering the bus. The right to use free of charge halls for official persons and delegations at airports and air terminals, railway stations and sea terminals with subsequent reimbursement of the value provided services to the concerned entities out of funds envisaged by the law on federal budget. For travel in connection with discharge of powers on the territory Russian Federation, service motor transport is provided by bodies of state power subjects the Russian Federation, and for travel within and region – by concerned federal bodies of state power. For members of the State Duma irrespective occupied post the same monthly monetary reward is set, in the amount established for a federal minister . Members and their dependants are reimbursed expenses related with movement to Moscow and costs movement to the place of permanent residence after the termination of office. An annual paid leave of 42 calendar days is provided, medical, sanatorium-resort and welfare services are guaranteed on terms established for a federal minister. Russian Federation

RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 • 117 LEGAL AND REGULATORY FRAMEWORK SUPPORTING THE ACTIVITY OF MPs € 166);

3 Code of Conduct (additional commitments) A member bears disciplinary responsibility for: • his statements made in the National Council or its bodies (insult of a body Council or a member, another official – a fine in the amount of up to • breach of a ban on voting instead others (members are prohibited to vote other members or to substitute a member with another person; disciplinary proceedings will be open against a member who voted instead of another member), (a reprimand and a fine of € 166); • serious breach of a member’s oath (proposal for the member to resign from office). Immunity, bringing to responsibility immunity extends to a member and his dwelling. Criminal prosecution cannot be initiated against on the spot of a criminal offence. a member, he cannot be arrested except when taken In case of detention, the President National Council is notified immediately, and if arrest not authorised by the Committee for Mandate and Immunity, a member must be immediately released. Immunity does not release a member from the duty of giving evidence in court. Grounds for early termination of powers: • voluntary resignation from parliamentary office; • loss of the right to vote; • dissolution of the National Council; • inconsistency of a parliamentary mandate with other activities, pursuant to Item 1, Article 77 of the Constitution (discharge of duties a judge, prosecutor, public defender, military servant, a member of the European Parliament); • effectiveness of a sentence whereby member is convicted for intentional commitment crime; oath or taking with reservations • refusal of a member to take (Item 2, Article 75 of the Constitution); • a member’s death; • a relevant decision in case of defence public interests and prevention conflict interests. Grounds for early termination of powers: • voluntary resignation; • a court ruling of incapability; • a court ruling of imprisonment for a term in excess six months; • death. Parliamentary immunity (Article 75 of the Constitution) applies to oral, written statements and voting in Parliament. Immunity begins after getting one’s mandate and guarantees protection from prosecution for opinions expressed during the discharge of members’ office. There are also safeguards of a member from arrest and criminal prosecution, except cases of: detention red-handed, punishment for which envisages not less than five years of imprisonment. In such case Parliament’s consent is not necessary – a notice sent to the President. Parliamentary immunity does not release a member from duties of witness in court. The decision of deprivation immunity is approved by Parliament’s decision after hearing the member. Parliament cannot set forth conditions concerning investigation or detention. Code of Conduct (additional commitments) For breach of order at a session, the Chairman can in line with provisions Regulations and the following disciplinary measures: clearly established criteria of application take • caution; • caution with deprivation of the right to speak; • withdrawal. An MP is entitled to: technical equipment necessary for the • exercise of powers (a notebook and a printer are left with him after the end of office); an office in the parliament staff premises and • outside parliament; • payment of assistants’ work; • reimbursement of documented expenses during a business trip. and assistants on expenses of amount The expenses on a member’s offices beyond parliament together cannot exceed 2.7 average wages in the national economy. Members may free of charge use services of rail transport of the company with which an agreement of transportation services for public benefit was made. Members can use official cars only for discharge of specific duties a member (usually in the capital, or during parliamentary investigation) – transportthe to filed request a of basis the on department of the Parliament Staff. Cars are not allocated to members or committee heads on a permanent basis. An MP is entitled to: • assistants; • office; • post, communications; • transport, business trips. Members living further than 50 km from Zagreb during a parliamentary session, meetings of working bodies and parliamentary unions are entitled to accommodation in official apartments, rented studios and one- room apartments. As an exception, a member may live in a hotel, if not provided with housing in such apartments. The amount of reimbursement for housing is determined by a separate decision. Members are entitled to reimbursement of transport expenses (rail, river, sea and air) on the territory of Republic Croatia and in city transport. Members are entitled to life insurance during the discharge of official duties. left

are not entitled to get from the state apartments • a salary , or difference in salaries, if he does not get the salary of a member, and the income he gets from other sources is lower; • material assistance after the end of office; • one-time material assistance (one-time member’s allowance), • pension under the Law on Pension Insurance, Members of the National Council Slovak Republic are entitled to a salary in the amount equal to 3 average wages the national economy for previous calendar year. A member is reimbursed per diem and other expenses related with the discharge of his powers. Members personally pay contributions to medical and social insurance . A member who has no permanent residence within the Bratislava self-governing territory is entitled to settlement in premises of the housing stock National Council Staff, or reimbursement of expenses on accommodation in hotel premises determined by the Staff. Members for them after the end of parliamentary office. the end of parliamentary work, a member is entitled to After salary: • for 2 months (if a member discharged his powers from 5 months to years) • for 3 months (if a member discharged his powers more than 5 years). This right is not applied to a member immediately appointed a different state post. (Law on Pension Insurance). An MP is entitled to: • a member is entitled to an allowance for six months from the day of termination powers in amount salary, during the next six months – in amount of 50%. If after termination of a member’s office before entitlement to pension under general norms a member misses less than year, he is entitled to reimbursement in the amount of a salary obtained by a member in the same member’s office before entitlement to pension, but not longer than a year. A member gets the right to pension under general norms According to the Constitutional Law “On Defence of Public Interests during Discharge Official Duties by Officials”, decision is to speak of loss a mandate, if: such Slovakia Croatia

- during preliminary proceedings in a case against the member a decision was taken and entered into legal force of his non-observance or breach of obligations limitations provided by that Constitutional Law another law; - during preliminary proceedings in a case against the member decision was taken - a member cannot legally acknowledge the origin of his estate, especially if it deals with property given the level of his incomes. that a member could not acquire, 3

118 • RAZUMKOV CENTRE • NATIONAL SECURITY & DEFENCE • №7-8, 2012 ANNEX 2 Reasons for an early termination of powers: retirement; • Voluntary • Loss of mandate (decision election results); • A court decision regarding the inability of an MP to perform his duty or being charged with committing a crime. Immunity, bringing to responsibility Legal proceedings may not be initiated against a person who holds mandate as member of the Riksdag, or who has held such a mandate, on account statement an act made in the exercise of his or her mandate, nor may such a person be deprived liberty, or restricted from travelling within the Realm, unless Riksdag has given its consent thereto in a decision supported by at least five sixths of those voting. If a member is suspected of having committed a criminal act, the relevant legal provisions concerning apprehension, arrest or detention are applied only if he she admits guilt was caught in the act, or minimum penalty for the offence is imprisonment for two years. legal action against a member. The same A prosecutor calls for the Riksdag consent to take procedure shall apply if any other person seeks the consent of Riksdag to prosecution a member of the Riksdag on grounds his or her actions. If the application document is so incomplete that it cannot be used as a basis for consideration by the Riksdag, or if applicant has failed to demonstrate that he she is competent raise the reject shall authority,public a by Speaker the taken be to action such for apply or charges shall notify application. In any other case the Speaker matter to a meeting of the Chamber. Code of Conduct (additional commitments) at a meeting may speak inappropriately of another person, use personally insulting No speaker language, or otherwise behave in word deed a way that contravenes good order. A person who has the floor shall confine his or her intervention to the matter under deliberation. Should anyone offend against the provisions of paragraph one or two and fail to comply with may debar him or her from speaking for the remainder of admonition, the Speaker Speaker’s debate. Members of the Riksdag are obliged to notify the Riksdag of their commitments and financial interests, for example, shareholdings, public assignments or other income-generating activities over and above their duties as an MP. The register is public the purpose to create openness and transparency. The register contains the MPs’: • interests in companies, e.g., shareholdings limited companies or company shares, directorships and auditing assignments, public assignments in municipalities, county councils etc; • various kinds of income-generating activities over and above their duties as an MP (independent work as a farmer, doctor, lawyer, journalist etc.); • agreements of a financial nature in the form salary or pension benefits; • ownership of commercial property; • economic benefits or secretarial research assistance not paid for by central government funds, the MP’s party or the MP him/herself. • offices with all the necessary equipment in Riksdag; portable computers, mobile telephones and a • multi-function printer in their homes; • costs of mobile phones and Internet. The member’s home residence is viewed as a place of work. Members receive subsistence allowance of SEK 370 per day, of which SEK 210 are exempt from tax, for journeys demanding an overnight stay at least 50 kilometres from their home residence. The cost of hotel accommodation on official journeys is reimbursed in full. Free meals are deducted from the allowance. Members themselves decide what domestic journeys to undertake and what means of travel is most suitable in terms of cost, time and environmental impact. The members’ travel expenses are examined by the Riksdag Administration for compliance with legislation, regulations and guidelines (the route and purpose are stated for travel, receipts are enclosed for all expenses claimed). Members are entitled to an annual on the Swedish State Railways. season-ticket If it is economically worthwhile they are for air travel. entitled to a season-ticket may only be used for The season-tickets official journeys undertaken as part of their duties as members of the Riksdag or for other public assignments. Members of the Riksdag can use their own cars, and are normally reimbursed at the rate of SEK 26.50 per 10 kilometres, which SEK 18.50 are exempt from tax. Members may use taxis if there are no suitable public transport alternatives available, or if there are special reasons for doing so. The members are entitled to a charge card with personal liability for payment use only on official journeys. In order to receive money to cover the invoice from charge card company, members are obliged to submit a specification of travel expenses to the Riksdag Administration. Most of the members’ travel abroad takes place within the committees or party groups. Members may also receive allowances for individual official journeys abroad (up to SEK 50,000 per electoral period). Decisions concerning individual travel abroad are taken by the Deputy Speakers. The members of the Riksdag receive a basic, monthly pay SEK 57 000 ($8 700 – Ed .), which is subject to income tax. month, a 000 144 SEK is Riksdag of the Speaker the of pay The which is the same as that of Prime Minister. The rules relating to members’ pay and benefits are based on the premise that they are regarded as being on assignment 365 days a year. When member is sick or on parental leave, his or her pay is reduced, based on a seven-day working week. A member of the Riksdag who lives more than 50 kilometres from the Riksdag can get reimbursement up to SEK 8 000 per month for overnight accommodation . The Riksdag has about 250 overnight apartments which are provided free of charge for members. All members are entitled to a retirement pension , irrespective of the age they begin or end their work in Riksdag. The retirement pension paid by the Riksdag is a supplement to general pension system. A member who resigns before the age of 65 and after at least 3 years of continuous service is entitled to a guaranteed income. The pension is calculated on the basis of 0.72% income which, when converted to whole years, does not exceed 7.5 of the income base amounts and 2.4% for portions of income above this level, provided they do not exceed 30 base amounts. Pension rights are recalculated in accordance with changes to the income index. When pension is disbursed, the initial amount made up of the pension rights with addition of future annual income growth of 1.6%. The amount is then recalculated annually taking into consideration changes in the income index over and above 1.6%. The pension system also includes certain benefits for surviving family members. A member who resigns is guaranteed a monthly income with the purpose of creating economic security for the period of adjustment that arises after he or she leaves the Riksdag. During the first year, basis of guaranteed income is 80% of the members’ pay plus certain increments. As from the second year, guarantee is reduced, depending on the member’s number of years service in the Riksdag. For members who have served for a total of at least 6 years, most – after the income guarantee is 33% of basis. At 12 years of service – the guarantee amounts to 66%. For those who have served between 3 and 6 years consecutively, the guaranteed income is paid for one year only. For members who have served for 6 consecutive years or more and have also reached the age of 50, income guarantee is paid until they reach the age of 65. In other cases, length time for which the guaranteed income is paid depends on age of the member. Income received from other sources reduces the guaranteed income. The system also includes rules on certain support for surviving family members. A member of the Riksdag may be granted a leave for at least one month. The member’s duties shall be carried out by an alternate for the duration of his or her absence. An application for leave of absence in excess one month is considered by the Riksdag, and during a break in Chamber’s work – by the Speaker. Sweden

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5 Search, detention of a member or inspection personal items and luggage, transport, dwelling or office premises of a member, as well violation secrecy letters, telephone conversation, telegraph and other correspondence application of measures that in accordance with Rada gives the law limit rights and freedoms of a member are allowed only if Verkhovna consent to his bringing criminal responsibility, if information cannot be obtained by other means. A request for consent to bringing criminal responsibility, detention or arrest of a member must be supported Rada by the General Prosecutor. and submitted to the Verkhovna The Committeeto produce a conclusion regarding the issue of consent bringing tasked criminal responsibility, detention or arrest, in accordance with the law, examines sufficiency, legitimacy and reasonability of the submission, legality of obtained evidence mentioned in the request, and establishes the presence of relevant complaints. Rada upon the submission of Committee whose powers cover procedural The Verkhovna issues passes a resolution of early termination member’s powers by the majority of the Rada. constitutional membership of the Verkhovna Bringing to responsibility (immunity) Rada consent, Members are guaranteed parliamentary immunity. Without the Verkhovna members cannot be brought to criminal responsibility, detained or arrested. According to the interpretation of that provision by Constitutional Court, MPs are released from legal responsibility, and are subject to a special procedure of bringing criminal responsibility, providing that a member may be brought to criminal responsibility, detained or arrested only with Rada consent. the Verkhovna Grounds for early termination of powers: • resignation upon personal request; • a verdict of guilty entering into legal force; • a court ruling of his incapability or missing; • termination of his citizenship or movement for permanent residence beyond Ukraine; • appointment to the post of a member Cabinet Ministers Ukraine or head central executive body; • death. within A decision of early termination powers a member pursuant to those items is taken a 10-day term upon the submission of committee whose competence covers issues of Rada. parliamentary ethics by a majority of constitutional membership the Verkhovna In case of non-fulfilment the requirement inconsistency a parliamentary mandate with other activities, powers of a member are terminated ahead time in pursuance the law by Rada Chairman is obliged to Rada, the Verkhovna court ruling. By a decision of the Verkhovna apply to court for solution of the issue early termination powers such a member. rank of state servant of the fourth th An MP is entitled to: 1) free live speech on the radio or in mode of live broadcasting (up to 10 minutes a month) and live presentation or broadcasting on TV (up to 20 minutes a month); 2) free travel by all domestic rail, motor, air, water ways, and all kinds of city passenger transport; 3) an office with connection to data networks and free communications; 4) monthly reimbursement of expenses related with the discharge of parliamentary powers in the amount of monthly salary a member, non-taxable; 5) 31 assistant consultants, four consultants are subject to the Law “On State Service”, they are conferred not higher than the 7 category, their work is remunerated within the limits of general fund established for remuneration of assistant consultants’ work. 4 2) the right to obtain one-time indemnity of expenses on creation of proper housing conditions (monetary indemnity), or service housing for his term of office, or residential premises. One-time indemnity is paid to an MP in the amount of housing value; 3) an annual paid leave of 45 calendar days in-between sessions with payment of an allowance for recreation in the amount of the doubly monthly salary, so-called “material assistance” , nearly UAH 35 000. Since members are insured, in case of fatality (death) a member the insurer pays to heirs amount of a ten-year allowance of the member on insurance money payment day. Rada guarantees a former MP right after the The Verkhovna end of his office and till his employment payment of material assistance in the amount of his salary with all benefits and extras paid to active members, but not more than one year, and in case of training or retraining – not more than two years after the end of a member’s office. In case of impossibility of employment after the specified term, a former MP is paid material assistance in the amount of 50% salary with all benefits and extras paid to active members till his retirement age, provided that the length of service exceeds 25 years for men and 20 years for women. A member whose office has expired retains free medical service at the healthcare establishments to which he was attached during his parliamentary office, vouchers for treatment provided to MPs, and after resignation he is provided with transport for travel to hospital, polyclinic and other needs in connection with rehabilitation and treatment, with the car use limit not more than 10 hours a month at expense of budget funds. After a member reaches the retirement age and in presence of the qualifying period necessary for fixing a minimal old-age pension, an MP is granted a pension in the amount of 80% of the monthly salary an active member with account all bonuses and extras to the official pay. The minimal pension amount cannot exceed 10 subsistence levels set for disabled persons. In case of retirement a member is paid an allowance in the amount of 12 monthly official salaries of an active member. In case of a member’s death, pension is fixed for incapable family members who were maintained by him upon their request (at that, pension for children is fixed irrespective of whether they were maintained by the supporter) in the amount of 70% the monthly salary an active member (the effectiveness of this item was suspended from January 1 till December 31, 2012). With account of bonuses, additional payments for ranks, extras for the length of service, etc., the average salary of an MP nearly UAH 17 000. makes A member is provided with UAH 17 425 a month for the exercise of powers, for which, a member gives no account. Privileges of a member include: 1) free medical services and vouchers for sanatorium-resort treatment; From January 1 till December 31, 2012, the Article’s effect regarding free provision with vouchers for sanatorium-resort was suspended pursuant to the relevant law. treatment Constitutional Court Ruling No.12 of 26.06.2003. Ukraine

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